George  Washington  Flowers 
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ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


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in  2015 


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THt  * 

- MAN  UNMASKED 

OR,  THt 

WORLD  UNDECEIVED, 

'sJy  * N <=*K.  t'.  v 

THE  AUTHOR  OP  A LAf E PAMPHLET* 

INTIUI6, 

“ EXTRACTS  PROM  THE  PROCEEDINGS  OF  THE 
“ HIGH  COURT  OF  VICE-ADMIRALTY 
" IN  CHARLESTOWN,  SOUTH-CAROLINA,  ” &c* 

WITH 

SUITABLE  REMARKS 

ON  THAT  MASTERLY  PERFORMANCE. 

By  EGERTON  LEIGH. 


sr 


inpandvm  caput  ! . 

• ' - - - H1C  vir  ! Hie  EST  ! VIRGIL. 

THE  MOTIONS  OF  HIS  SPIRIT  ARE  DULL  AS  NIGHT, 

AND  HI5  AFFECTIONS  DARK  AS  EREBUS. 

LET.  NO  SUCH  MAN  BE  TRUSTED.  ' 

SHAKESP1 

O WHAT  MEN  DARE  DO  ! WHAT  MEN  MAY  DO  ! 

WHAT  MEN  DAILY  DO  1 NOT  KNOWING  WHAT  THEY  DO  ! 

‘ . ' SHAKESP. 


o 

V*  . • 

^ Crif  ARL'£,S-TO  WN: 

Tainted  by  PETER  TIMOTHY,  M,dcc,ixix. 


9 1 5. 1 


388212 


(.  3 ) 


THE 


Man  unmalked,  & c. 


B*®  HE  R E is  a tide  in  the  affairs  of  men , 
aJ*  A anc^  I have  frequently  obferved,  that 
fome  precile  period  of  our  lives,  is 
commonly  diftinguifhed,  with  peculiar  dif- 
appointment.  This  reflection  comes  home 
to  my  prefent  lituation  ; but, , like  -a  faithful 
centinel  on  a watch-tower,  it  fe.rves  as  a 
fummons  to  the  man,  to  collect  all  his  feat- 
tered  powers  for  fejf-p  refer  vation  and  de- 
fence : however,  it  is  by  no  means  a pleaf- 
ing  or  convenient  circumftance,  to  meet 
with  interruption  in  the  courfe  of  a fteady 
and  uniform  purfuit,  and  therefore  I may 
well  be  allowed  to  denominate  that  a difap- 
pointment,  which  intrudes  upon  the  bufinels 
pf  life,  by  preffirig  me  into  a kind  of- foreign 
fervice  much  againft  my  will. 

A Z . The 


4 THE  MAN  UNMASKED,  &c. 

The  author  of  a late  publication,  intitled, 

*•  extracts  from  the  proceedings  of  the  high 
“ court  of  viqe-admiralty  in  Charles-town, 
“ South-Carolina,  obliges  me,  by  a fort 
of  neceflity  which  cannot  be  refilled,  to  take 
up  the  pen  in  defence  of  an  injured  repu- 
tation. This  is  a hard  and  cruel  cafe  : to  be 
ftigmatized  in  print,  and  either  to  remain 
filent,  in  which  event  the  world  will  take 
every  charge  pro  confeffo , or  (bitter  alterna- 
tive !)  to  fet  myfelf  up  as  a candidate  for  li- 
terary fame,  perhaps  without  ability,  tafte, 
or  inclination.  In  the  hey-day  of  the  blood, 
when  paflion  is  apt  to  get  the  ftart  of  judg- 
ment, when  a young  man  is  entering  upon 
the  . ftage  of  life  full  ftored  with  claflic  lore, 
to  become  an  author,  is  then,  amongft  the 
clafs  of  youths,  an  epidemical  ambition : 
but  when  that  fire  and  vivacity  have  fuffered 
fome  allay,  by  a clofe  and  unwearied  atten- 
tion to  the  ftudy  and  practice  of  the  law; 
when  public  employments  have  for  many 
years  engaged  no  fcanty  portion  of  rfegard  j 
it  is  an  arduous  talk  indeed,  to  break  loofe 
from  fuch  fetters,  to  difengage  the  mind 
from  operations  which  time  has  made  in 
fome  degree  mechanical,  and  to  proceed  in 
a new  and  oppofite  direction.  The  reader 
muA  therefore  expedt  very  little  ornament 
of  ftile,  he  mull  be  fatisfied  with  a plain 
and  manly  vindication ; inftead  of  fallies  of 
y?it  and  flowers  of  rhetoric,  he  mull  content 

himfelf 


THE  MAN  UNMASKED,  &».  5 

himfelf  with  a fober  narrative ; and  if  a 
gleam  of  fancy  chances  to  break  forth,  let 
him  rather  impute  it  to  the  anguifh  of 
my  wounds,  than  to  brilliancy  of  parts : 
but  in  return  for  this  conceflion,  it  is  hoped 
he  will  read  my  paper  with  fome  good  na- 
ture, and  make  allowances  for  numberlefs 
- defers,  as  J am  no  prefumptuous  volunteer 
on  this  occafion  a requeft  perhaps  the  more 
juft  and  reafonable,  as  every  man  knows, 
that'  the  extended  fituation  of  my  affairs, 
both  in  a public  and  private  view,  will  not 
allow  me  fufficient  leifure  for  an  elegant  or 
elaborate  performance,  were  my  abilities 
even  equal  to  the  importance  of  the  talk. -7* 
One  circumftance  at  leaft  affords  me  a ray 
of  comfort,  on  this  trying  occafion,  that  as 
my  adverfary’s  imagination  is  dull  and  lan-* 
guid,  fo  is  his  Ikill  as  weak,  as  the  caufe  he 
is  engaged  in. — How  much  do  I deplore  the 
ralhnefs  of  the  man  ! who,  like  an  inconfi- 
derate  and  wicked  fuicide,  ftabs  his  own 
reputation,  by  an  inftrument  which  provi- 
dence never  meant  him  to  make  ufe  of,  but 
in  the  fober  and  innocent  routine  of  com- 
mercial duties. 

In  the  courfe  of  thefe  obfervations,  it  fhall 
be  my  endeavour  to  avoid  all  grofs  and  im- 
pertinent detraction ; and  whatever  cenfure 
or  feverity  may  fall  upon  the  author  of  the,, 
extracts,  muft  be  imputed,  partly  to  his 
fluctuating  conduCt,  and  partly  to  his  nota- 


6 THE  MAN  UNMASKED,  &c. 


ble  performance,  which  affords  me  an  am- 
ple and  fpacious  field  to  fport  and  range  in. 
I fhall  ftudioufly  obferve  the  ftridteft  laws 
of  friendfhip  : not  one  allufion  fhall  tend  to 
violate  that  law ; neither  is  it  my  intention 
to  point  out  private  foibles  or  defeCts ; my 
aim  being  folely  directed  againft  the  errors 
and  affectations  of  the  man  in  public  life, 
in  which  view  he  is  equally  fubjeCl  to  ob- 
fhrvation  with  myfelf,  and  if  fuch  reflections 
did  not  become  abfolutely  neceflary,  in  de- 
fence of  my  own  character,  I would  by  no 
means  make  them,  for  the  talk  is  truly 
painful  to  me  : it  is  my  with  to  treat  him 
as  he  merits,  and  to  repay  him  with  pure 
and  unadulterated  coin. 


_ It  is  not  an  eafy  matter  to  account  pre- 
cifely  for  his  conduCt,  or  to  aflign  a good 
and  fubftantial  reafon  wherefore,  towards  the 
evening  of  his  days,  he  fnould  offer  himfelf 
to  the  world,  as  a candidate  for  literary 
fame;  though  I jfhrewdly  fufpeCt,  that  a 
certain  pride  of  difpofition,  a full-blown 
opinion  of  himfelf,  and  a perfuafion  that  he 
is  equal  to  any  undertaking,  have  lured  him, 
as  the  bait  decoys  fifh,  into  an  element  de- 
ftructive  ana  repugnant  to  his  nature. 

Whatever  may  have  been  the  motive  to 
the  performance,  is  an  enquiry  which  will 
naturally  be  made  in  the  courfe  of  thefe  re- 
flections, and  therefore  I fhall,  in  this  place, 
employ  a f?w  moments  to  confider  the  folly 

of 


THE  MAN  UNMASKED,  &'c.  f 

of  thofe  men,  who  unwarily  buoy  themfelves 
up  with  flattering  ideas  of  their  own  parts 
and  tinderftanding,  of  their  ability  to  under- 
take, and  their  capacity  to  perform,  things  - 
far  beyond  their  reach. 

I have  known  a man  of  plodding  parts 
and  tolerable  fenfe,  with  a fufficient  ftore  of 
commercial  knowledge,  improved  by  expe- 
rience in  an  extenflve  plan  of  trade,  well 
nigh  ruined,  through  a miftake  of  his  natu- 
ral and  acquired  endowments.  The  perfon  I 
allude  to,  was  many  years  ago  a fober  arbi- 
trator amongfl  merchants,  in  little  differen- 
ces of  accounts  and  reckonings he  was  well 
enough  fkilled  in  the  rate  of  exchange  of 
different  countries,  and  in  the  price  of 
commodities ; the  law  of  bills  of  exchange 
and  infurances  were  like  wife  fubjedts  which 
naturally  fell  within  his  province  j and  in 
fhort,  he  figured  as  a man  well  verfed  in  the 
traffic  of  the  world.  In  this  career  of  policy 
he  was  equal  and  confiftent  with  himfelf : 
but  the  unhappy  fituation  of  his  country,  at 
a critical  conjundture,  unluckily  induced 
him  to  affume  the  military  garb  : the  prin- 
ciple was  good  enough,  if  it  had  been  well 
bottomed  : but  the  mifehief  was,  that  he 

believed  himfelf  to  be  a foldier,  without  the 
education  or  fpirit  of  a foldier  : in  this  one 
fatal  circumftance,  he  beheld  himfelf  wret- 
ched to  a degree.  Had  he  reflected  for  a 
moment,  J:hat  a red  or  a blue  coat,  mujt aches, 

fuitable 


8 THE  MAN  UNMASKED,  &c* 

fuitable  attire,  and  warlike  badges,  are  poor 
emblems  of  the  god  of  war,  without  the 
aethereal  fpirit  of  a god,  X am  certain  that 
he  would  have  continued  at  the  counter, 
reckoning,  with  poring  attention,  the  in- 
tricate concerns  of  pounds,  (hillings,  and 
pencei 

What  followed  this  change  of  fituation  ? 
This  miftaken  and  deluded  man  foon  found, 
to  his  mortification,  that  military  attire,  his 
fword,  his  buckler,  and  his  gun,  were  made 
for  u(c,  as  well  as  (hew ; and  when  the  day 
of  trial  came,  when  ornaments  were  badges 
of  utility,  and  the  man  who  wore  them, 
fhould  have  (ignalized  his  courage,  by  his 
ardour,  in  his  country’s  caufe,  he  found 
himfelf  a mere  marker  and  Jhipper  of  Rice , 
a weigher,  a broker,  a merchant , or  prudent 
conjignee : not  but  there  are,  and,  in  the  af- 
fair alluded  to,  were,  men  of  high  and  fu- 
perior  merit,  whom  we  may  except,  from 
this  general  imputation.  And  there  is  a 
man,  who  proves  in  his  own  life,  the  letter 
of  this  doctrine ; and  if  his  foul  can  with- 
draw itfelf  for  a moment,  and  reflect  on  pad 
events,  from  a Retrofpedl  of  a different  Cafe,. 
than  what  has  lately  engaged  his  whole  atten- 
tion, he  mud  fink  into  delpair,  that  he  is 
now  labouring  to  regain  that  Popularity * 
which  fome  years  fince  he  loft,  at  a time 
too,  when  he  ought  to  have  fecured  it  as  a 
rock  of  defence,  and  by  a valiant  ufe  of  thofe 

weapons., 


'THE  MAN  UNMASKED,  &c.  9 

Weapons,  by  which  he  had  it  in  his  power 
effectually  to  fecure  it.  I lhall  not  examine 
what  was  the  particular  amount  of  his  lofs, 
in  point  of  reputation,  but  leave  it  to  the 
World  to  difcover,  if  they  can*  what  advan- 
ces he  then  made  in  his  new  purfuit  after 
glory  and  renown  : one  lofs  however,  all 
men  remember,  as  a proverb  uttered  by  their 
fathers,  that  he  funk  into  the  merchant, 
unbeloved  by  the  People , and  neglected  by 
his  friends. 

There  is  little  reafoii  to  expeft,  that  a 
better  fate  will  attend  the  man  who  adven- 
tures, at  a late  time  of  life  too,  into  re- 
fearches  which  puzzle  and  perplex  the  moft 
eminent  profeffors  of  the  law.  A merchant 
transformed  into  a foldier,  makes 'the  fame 
ridiculous  figure  in  the  ftudy  of  jurifpru- 
dence.  Such  a change  may  be  compared  to 
fome  of  thofe  wild  and  imaginary  metamor- 
phofes  which  Ovid,  in  his  poetical  flights, 
entertains  us  with  ,*  and  if  the  Extradt- Au- 
thor has  an  Englifh  tranflation  of  the  works 
of  that  fanciful  poet  in  his  defk,  he  may 
probably  meet  with  fome  Monjler  like  him- 
felf : for  we  may  allure  ourfelves,  that  every 
departure,  from  the  regular  fyftem  to  which 
we  are  bred,  every  deviation  from  that  track 
'which  nature  of  our  parents  chofe  for  us/ 
and  long  practice  and  experience  have  re- 
conciled us  to,  will  only  involve  us  in  a la- 
^ byrmfh> 


lo  THE  MAN  UNMASKED,  &c. 

byrinth,  where,  like  filly  fools,  vfre  mufl 
perifli  in  a perplexity  of  inextricable  mazes* 
without  the  aid  of  any  clue  to  bring  us  out 
again.  So  eafy  is  the  tranfition  into  the  road' 
of  error ! and  fo  arduous  the  talk  to  efcape 
from  its  alluring  toils  ! 

But  to  proceed  on  the  learned  work  wrote 
and  diftributed  by  Colonel  Henry  Laurens. 

i X 

It  is,  in  truth,  a modern  rarity,  a farrago 
of  extracts,  fome  fadts,  fome  untruths,  fuf- 
picions,  refledtions  and  conjedtures,  bundled 
together  in  a confuted  and  motley  heap* 
calculated  to  inflame  the  minds  of  the  peo- 
dle,  to  cafi:  urideferved  odium  and  contempt 
on  courts  of  admiralty  in  general,  and  on 
my  condudt  in  particular ; in  open  violation 
.of  the  law  divine  and  human,  and  in  diredt 
oppofition  to  the  didtates  of  natural  affedtion. 
The  author’s  defign  is  not  more  low  than  it 
is  ungenerous,  difingenuous  and  bafe  : it  is, 
to  feparate  and  divide  a houfe  againft  itfelf ; 
to  create  family  difquiet ; and  to  ruin,  if 
pofiible,  that  man,  who  has,  at  all  times, 
endeavoured  to  convince  hirmof  his  friend- 
fbip  and  regard.  The  manner  in  which  the 
poifon  is  conveyed,  • may  quiet  and  lull  men’s 
fenfes  for  a time,  and  the  author  may  enjoy 
a fleeting  and  temporary  glory ; but  happily" 
this  approbation  muff,  by  great  and  candid 
minds,  be  fpeedjily  withdrawn,  when  fome 

dextrous 


THE  MAN  UNMASKED,  &c.  ij 

dextrous  enquirer  touches  the  performance, 
as  Ithuriel  did  the  toad  in  Milton,  when 
inflantly  the  fallacy  s unmajkedy  and  the  de- 
ceiver appears  in  his  natural  foape  and  co- 
louring. 

Some  may  be  led  to  afk,  for  what  reafon, 
I vouchfafe  to  give  the  man  ananfwer  j fince 
the  attack  is  in  defiance  of  law  and  the  moll 
obvious  principles  of  our  blefled  conflitu- 
tion  ? the  objection  has  its  weight.  My 
firft  opinion  was,  to  treat  it  with  contempt : 
but  as  flander,  circulated  with  a diligence 
hardly  to  be  parallelled,  may  wound  my  re- 
putation in  diftant  parts,  and  even  here  raife 
lufpicions,  of  a pharadter  which-  has  hereto- 
fore  weathered  the  moll  adtive  ftorms,  it 
may  be  proper  to  condefoend,  in  fome  de- 
gree, to  the  common  reafoning  and  appre- 
henfions  of  mankind,  and  the  rather,  as  I 
no  longer  fill  that  ftation,  to  which  the  at- 
tack more  immediately  refers..  > 

The  meanefl:  capacity  may  eafily  perceive, 
that  it  is  altogether  out  of  rule,  for  a judge 
' difcufs  at  large  the  grounds  and  principles 
of  his  judgments,  or  to  fobmit  to  an  appeal  / 
to  the  people  on  the  merit  of  cafes  which 
have  undergone  a judicial  determination; 
the  objedljon  is  flat,  it  is  unanswerable,  it 
is  conclufive.  My  readers  therefore,  can  on- 
ly expedl  me  to  touch  upon  fuch  principal 
parts  of  the  remarks,  as  tend  to  vilify  my 
feputafion  and  good  name.  To  argue  law 

with 


12  THE  MAN  UNMASKED,  &p. 

• • '»  * ' * 

with  Mr.  Laurens,  would  be  like  a phyfi- 
cian  difputing  with  a qu.  ck,  or  like  a man 
of  the  noble  art  of  defence  letting  himfelf 
up  againft  an  ignorant  pretender,  who,  be- 
ing deftitute  of  Ikill,  may,  like  a madman 
in  good  luck,  avoid  the  regular  and  more 
accurate  displays  of  fcience ; and  what  has 
the  man  of  fcience  to  gain  by  fuch  a con- 
flict ? a victory  confi  rs  no  honour,  when 
Ifrength  or  luperior  knowledge  contend  a-r 
gainlt  impotence  and  weakneis. 

The  King,  as  the  fountain  of  juftice,  di- 
ftributes  the  fame  through  various  channels, 
for  the  benefit  of  his  faithful  fubjeCts ; and 
if,  through  the  weaknefs,  incapacity,  or 
corruption  of  his  judges,  the  dreams  are  in- 
terrupted in  their  courle,  they  have,  in  num- 
berlefs  cafes,  other  tribunals  to  refort  to* 
gnd  therefore  every  fentence  fubjeCf  to  a re- 
view is,  in  eftimation  of  law,  of  full  force 
and  validity,  ’till  the  fame  is  annulled  or  re- 
verfed  by  the  next  fuperior  judge.  Both  con- 
tending parties  feldom  go  fatisfied  out  of  any 
pourt,  and  confequently  each  difappointed 
perfon,  has  only  to  determine  with  himfelf, 
whether  he  \yill  fit  down  with  the  fentence 
of  his  judge.  Nothing  can  bp  morp  idle  and 
abfurd,  than  for  a party  in  a caufe,  to  fly  in 
the  face  of  that  judge,,  whom  he  has  fo  late- 
ly and  fo  humbly  implored  for  relief ; to 
defert  his  conftitutional  remedy,  and  to  fet 
himfelf  tip  as,  a Lord  Paramount  to  arraign 


1 THE  MAN  UNMASKED,  &c.  i3 

juftice,  load  him  with  reproaches,  vilify  his 
name,  and  blaft,  in  the  moft  odious  terms, 
his  reputation v integrity  and  honour  ; to  try 
him  too  by  his  own  unlettered  judgment, 
without  colour  of  law,  againft  law,  in  defi- 
ance of  the  King’s  authority,  in  exclufion  of 
a fuperior  jurifdidtion  clothed  by  the  law 
of  the  land,  with  full  and  ample  powers  to 
reform  his  errors  and  to  adminifter  relief  j 
are  a<fts  of  the  moft  confummate  impudence 
and  folly  : they  are  bold  attempts  againft: 
the  laws  and  conftitution  of  our  country; 
they  are  bafe  affronts  to  Majefly  itfelf,  from 
whom  both  juftice  and  honour  flow  in  libe- 
ral  and  abundant  ft: dams  ; and  they  are  grofs 
and  daring  infults  on  fociety,  as  they  natu- 
rally tend  to  loofen  the  band  of  civil  union 
and  connexion.  Eftablifh  it  once  as  a prin- 
ciple, that  the  man  who  lofes  his  caufe,  or 
is  (as  he  may  think)  only  partially  relieved, 
may  caft  upon  his  judge  in  the  firft  inftance 
what  obloquy  he  pleafes,  and  it  is  then  e- 
qually  juft,  regular  and  lawful,  to  libel  eve- 
ry judge  through  every  ftage ; and  the  der- 
nier refort  (hall,*  in  the  end,  enjoy  all  thofe 
. accumulated  cenfures,  which  malice  and  re- 
venge had  before  divided  amongft  the  fub- 
prdinate  judges  of  the  caufe. 

In  vain  would  the  legiflature  enadt  laws, 
if  the  judges  were  controuled,  by  the  people, 
in  their  conftrudtion  of  them.  Perhaps  fome 
may  be  apt  to  fay,  fhall  judges  have  an  un-? 
> limitecl 


J4  the  MAN  UNMASKED,  &e, 

limited  power  to  do  as  they  fee  fit  ? (hall 
every  order  of  men  be  accountable,  and  thefe 
remain  undifturbed  in  the  enjoyment  of  their 
feats  ? By  no  means.  Bring  that  man  to 
juftice,  who  tampers  with  her  facred  laws ; 
proceed  againft  him  with  unrelenting  vigour 
and  the  moft  adtive  perfeverance ; let  him 
fbffier  by  law,  for  his  abufe  of  law : but 

then,  let  the  attack  be  directed  againft  the 
errors  of  his  will,  the  falfe  bias  of  his  mind, 
the  corrupt  practices  ^of  his  heart,  and  din 
ftinguifh  between  thofe  poflible  injuries 
which  may  arife  from  the  fallibility  of  hu- 
man judgment,  and  thofe  which  refill t from 
artifice,  combination,  and  defign. 

Many  eminent  and  illuftrious  perfons,  have 
lived  to  hear  a reverfal  of  their  own  decrees ; 
and  that  man’s  judgment  may  well  be  que- 
ftioned,  who  vainly  prefumes  or  arrogantly 
confides  in  it.  ' - 

If  a difappointed  party  artfully  reprefents 
his  cafe,  and  forms  a libel  on  his  judge’s 
charadter  or  conduct,  the  honour  of  that  sta- 
tion muft  fink,  in  proportion  as  fuch  attempts 
meet  with  countenance  and  regard ; and 
though  a judge  may  purfue  his  legal  remedy, 
it  is  but  a poor  confolation,  fince  the  multi- 
plication of  fuits  muft  fubjedt  him  to  fo 
many  reiterated  attacks,  to  the  difquiet  of 
himfelf,  and  tthe  community  wherein  he 
lives  : but  a legal  defence  is  not  adequate  to 
the  neceflity  of  the  prefent  cafe ; if  the  par- 

' • ty 


ITHE  MAN  UNMASKED,  &c.  ig 

ty  was  puniftied  in  the  due  cpurfe  and  order 
of  law,  ftill  a poifon  has  been  fpread,  which? 
that  remedy  cannot  reach. 

The  law  of  God  forbids  calumniation,- 
and  the  Roman  law  ranked  the  offence  of 
flander  under  the  head  of  capital  crimes., 
And  Cicero,  in  one  of  his  orations,  gives  a 
hint  about  printing  the  letter  K on  the  fore- 
head of  a man,  whereby  they  expreffed  Ca- 
lumniator, a word  which  the  Romans  fpelt 
with  a Kt  which  letter  was  burnt  with  an 
iron  into  the  foreheads  of  thofe  who  were 
convicted  of  calumny,  which  brand  in^apa-* 
citated  any  perfon  from  ever  acting  as  a pro- 
fecutor  in  a court  of  juftice. 

Our  own  law  is  likewife  fevere  to  perfons 
who  fo  offend  : and  if  the  flander  is  direct- 
ed againft  the  facred  character  of  a man  in 
judgment,  acting  under  the  fandtion  of  an  oath, 
and  reprefenting,  in  a certain  degree,  even 
the  deity  himfelf,  in  one  branch  of  his  great 
office,  the  judgments  have  been  exemplary 
and  woefully  fevere.  In  this  place  I cannot 
forbear  to  give  my  readers  a cafe  [See  Ap- 
pendix No.  i.]  * reported  in  our  books,  as  it 
bears  fo  fbrong  a refemblance,  to  the  cir- 
cumftances  which  particularly  diflinguifh 
the  book  of  extracts  and  remarks. 

■ ' ' •;  ' The 

* ’The  reader  is  defired  to  turn  to  the  Ap- 
pendix in  courfe , as  he  comes  to  the  re- 
ferences, before  be. proceeds  in  the  argu- 
ment which  is  grounded  thereon . 


t6  THE  MAN  UNMASKED,  &c, 

The  fimilitude  is  ftriking.  For  it  appears/ 
that  Wrennum  traduced  Lord  Chancellor  Ba- 
con (our  author’s  great  favourite,-  and  to' 
whom  he  is  indebted  for  one  of  his- title- 
page  quotations)  calling  his  lordffiip’s  decree 
unjujl ; that  he  made  a book  of  all  the  pro- 
ceedings in  the  caufe  $ and  that  he  railed  a- 
gainft  the  judge , and  his  fentence , through 
his  whole  booky  with  the  moft  defperate  bold- 
nefs  and  defpiteful  and  virulent  words  that 
were  poffible.-  The  party  was  puniffied  ac- 
cording to  his  demerit : and  this  do&rine 
was  eftabliffied,  that  under  colour  even  of  a 
complaint  formally  exhibited  to  the  proper 
tribunal  for  fedrefs,  it  is  not  lawful  to  rail 
upon  the  judge  or  his  fentence,  and  to  make 
himfelf  a judge  in  his  own  caufe,  by  prejud- 
ging it  before  the  rehearing : and  it  was  al- 
fo  refolved,  that  the  jujlice  of  the  decree  was 
not  to  he  quefioned  in  this  cafe,  for  that 
was  not  the  point  then  exdminable . 

No  court  of  juftice  will  take  cognizance 
of  any  matter  per  faltiim.  And  therefore,  in 

the  cafe  of  -j~  Magoons  and  Premdnee  againft 
Dumarefque , depending  in  the  royal  court 
of  Jerfey,  on  a feizure  of  a fhip  and  goods, 
on  account  of  an  unlawful  importation 
there,  the  court,  without  making  any  deter- 
mination, referred  the  difficulty  to  his  Ma- 
jefty  in  council,  praying  that  he  would  de- 
termine the  cafe  : but  the  lords  of  council 

were 


f Lord  Raymond,  1448, 


THE  MAN  UNMASKED,  &c.  if 

were  of  opinion,  that  the  court  of  Jerfey 
could  not  tranfmit  the  caufe  to  his  Majefty 
for  difficulty,  but  ought  to  have  determined 
the  right  of  feizure  one  way  or  other,  and 
the  royal  court  of  Jerfey  was  accordingly  di- 
rected to  proceed  to  give  judgment  in  the 
Caufe. 

It  appears  then,  that  a fuperior  couft  will 
decline  to  receive  a cafe  undetermined  upon* 
though  the  judge  impliedly  lignified,  that 
the  difficulty  was  too  great  for  his  fkill  and 
knowledge,  and  when,  after  fuch  a declara- 
tion, the  lords  of  council  could  entertain 
very  fiender  hopes  that  the  judgment  would 
be  accurate ; yet,  to  preferve  the  order  of 
the  law,  and  to  avoid  giving  offence  to  fet- 
tled and  effablilhed  principles,  they  required 
feme  judgment  to  be  'given,  that  his  Majeffy 
might  be  in  due  time  conftitutiohally  pof- 
feffed  of  the  caufe,  upon  a regular  tranl'mif- 
fion  of  the  proceedings  by  way  of  appeal. 

In  what  light  then  raid  Mr.  Laurens’s 
conduCt  appear,  as  revealed  by  his  late  pu- 
blication ? Out  of  the  fix  feveral  informa- 
tions which  he  has  taken  fo  much  pains  to 
celebrate,  he  was  only  interefted  in  the  three 
following,  the  TVambarw,i  brought  rn-I/land 
Packet,  and  the  Ship  Ann.-  The  two  laff 
Veff  Is  were  reftored.  The  former  only  was 
condemned ; and  from  this  fentence  he  pre- 
ferred an  appeal  to  the  high  court  of  admi- 
ralty of  England,  and  every  neceffary  order 

C was 


1 8 THE  MAN  UNMASKED,  &e, 

was  made  by  the  court  to  enable  him  to 
profecute  the  fame  with,  due  effedt.  It  ap- 
pears [See  App.  No.  2]  that  he  ufed  no  di- 
ligence, gave  no  pofitive  directions  to  the 
regifter  of  the  court  to  furnifh  him  with  co- 
pies of  the  proceedings,  until  the  9th  day 
of  July  lad ; a lapfe  of  ten  months  from  the 
14 th  of  September  1767,  the  day  on  which 
He  interpofed  "his  faid  appeal.  It  is  true, 
that  he  applied'  for  a further  time,  when  the 
fhip  Ann  was  the  fubjedt  of  difpute  : but 
manifest  negledt  appearing  to  the  court,  on 
the  appellant’s  part,  and  a fhameful  defec- 
tion of  his  fuit,  the  judge,  for  that  reafon, 
and  another  equally  drong  in  point  of  law, 
rejected  the  prayer  of  his  petition.;  but  re- 
medied the  fame  only,  after  mature  delibera- 
tion at  his  own  chambers,  to  fave  the  party 
the  coft  of  another  court,  and  indeed  every 
other  charge  attending  his  application.  It 
is  therefore  amazing,  that  he  fhould  fo  bold- 
ly afifert,  page  5,  that  the  judge  “ never 
■ gave  any  [See  App.  No.  3.]  anfwer'  to  his 
faid  petition. 

From  this  fhort,  but  true  (late  of  a few 
fadts,  this  gentleman’s  condudt  mud  appear, 
to  every  impartial  man,  wild,  inconfident, 
irregular  and  drange.  He  fil'd  prefers  an 
appeal  to  the  proper  jurifdidtion  ; he  aban- 
dons the  fame,  ’till  it  is  too  late  to  obtain 
a writ  of  inhibition  from  the  court  ad  quern  ; 
he  renews  his  original  conceit,  and  applies 


THE  MAN  UNMASKED,  &c.  19 

for  further  time  to  the  court  a quo , upon  a 
reafon  fufficient  of  itfelf  to  work  a difap- 
pointment,  bis  own  default ; and  failing  ia 
his  application,  he  takes  up  the  pen,  and 
.draws  a formal  and  folemn  appeal  to  all 
mankind.  Will  the  boldefl  friend  of  liber- 
ty contend  for  the  juftice  of  fuch  a proce- 
dure ? Will  he  not  rather  inveigh  againft 
it,  as  a defperate  attempt  to  undermine  the 
principles  of  our  happy  conftitution  j as  the 
ready  and  effectual  means  to  introduce  dif- 
order  and  confufion  in  the  Hate ; and  as  a 
meafure  big  with  alarming  danger  ? We  live 
in  happy  times  furely,  when  a party  may, 
with  impunity,  fly  in  the  face  of  a law  ma- 
xim, judge  in  his  own  cafe ; and,  becaufe 
he  perfuades  himfelf,  that  his  judge  is  de- 
lignedly  or  wilfully  miftaken,  may  {till  foar 
above  all  law,  and,  in  defiance  thereof^  ufurp 
the  feat  of  judgment,  and  inflid  his  own 
punifliment  upon  the  man  cloathed  with  au- 
thority of  law,  and  whofe  judgment  was  di- 
reded  and  governed  by  an  oath , moft  folemn 
in  its  nature.  ' - 

Having,  I think,  fufficiently  expofed  the 
author  upon  general  principles,  for  fo  daring 
and  prefumptuous  an  attack,  and  fo  flagrant 
a violation  of  law  : I fhall  proceed  now,  to 
fhew  the  tendency  of  his  work  in  another 
point  of  view  j a work  which  will  ferve, 
perhaps,  as  the  only  true  ftandard  by  which 
the  charader  of  the  author,  as  a man,  may 

be 


20  THE  MAN  UNMASKED,  &c, 

• 

tje  indifputably  fixed.  We  fee  fo  many 
perfons  in  common  life  halting , wavering 
and  vibrating  between  different  opinions, 
with  a mixture  of  fo  much  goodnejs  and  fo 
much  bafenefsy  and  in  general  with  fuch  a 
compound  of  oppofite,  qualities , hunvurs  and 
• inclinations , that  we  are,  all  our  lives  long, 
at  a lofs  to  determine,  with  precifion,  what 
is  fuch  a man’s  predominant  and  ruling  prin- 
ciple of  adtion  : fometimes  indeed  it  hap- 
pens, that  fuch  impoftors  are  detedted,  thanks 
to  the  good  providence  of  God  \ for  the  pu- 
blic always  benefit  by  the  difcovery  of 
Q heats. 

Mr.  Laurens  has  published  his  book  a- 
gainft  the  advice  of  his  friends  in  general, 
and  his  own  lawyers  have  told  him  that  it 
is  a libel : no  man  who  reads  it  can  fay  the 
contrary.  If  it  is  a libel,  it  is  againfl:  law  : 
for,  as  my  lord  Coke  obferves,  * ‘ ‘ in  a 
“ fettled  ftate  of  government,  the  party 

grieved  ought  to  complain,  for  every  in- 
t(  jury  done  him,  in  an  ordinary  courfe  of 
“ law,  and  not  by  any  means  to  revenge 
<c  himfelf,  either  by  the  odious  courfe  of 
“ libelling  or  otherwife.  ” To  fhew  that 
libelling  has  no  warrant  in  facred  writ,  would 
be  an  idle  and  a fruitlefs  labour,  every  man, 
it  is  hoped,  being  pofTefTed  of  that  evidence 
which  liipports  the  propofition. 

-The  publication  then  was  promoted  fole- 

lyl 

* 5 Coke,  125.’  . 


THE  MAN  UNMASKED,  -&c.  21 

]y,  by, the  religious  Mr.  Laurens,  in  defiance 
of. all  law,  divine  and  human  ; in  oppofitioi* 
to  the  advice  of  friends,  and  againll  the  con- 
viction of  his  own  h„e~art,  being  told,  by 
men  of  the  profefiion,  that  his  book  is  a 
libel i circumitances  which  mult  heighten 
the  offence,  and  render  the  man  as  odious  as 
his  work.' — The  reader  will  no  doubt  be  fur- 
prized,  when  he  is  informed,  that  the  pub- 
lilher  or  compiler  of  the  book  under  con^ 
fideration  is,  my  wife's  own  uncle ; and  that 
a moll  intimate  friendship  has  fubfilted  for 
twelve  years  pall,  which  nothing  has  mate- 
rially interrupted,  but  thefe  affairs,  which 
lately  depended  in  judgment . before  me,  as 
judge  of  his  Majelty’s  court  of  vice-admir 
ralty. 

I have  now  refided  in  this  province  more 
than  fifteen  years,  and  my  reputation  has 
hitherto  Supported  itfelf  againlt  every  attack; 
and  I may  fafely  aver,  that  it  Hands  upon  a 
foundation  which  can  never  be  removed, 
pnlefs  indirect  methods  Shall  be  taken  to  affeCfc 
it.  The  Remarker  s dirt  fcatters  as  it  flies, 
and  the  only  man  who  bears  its  imprefiion, 
is  the  man  who  throws  it.  However,  it  is 
certainly  a matter  of  no  fmall  concern,  that 
a relation,  one  whom  I ever  thought  my 
friend,  Ihould  endeavour  to  plunder  me  of 
my  good  name  (a  jewel  of  inellimable  price) 
a jewel  which  I may  have  Starved  myfelf  to 
purchafe,  as  an  excellent  writer  obferves; 

and 


22  THE  MAN  UNMASKED,  &c. 

i 

and  to  rob  me,  at  the  fame  time,  of  my  hap- 
pinefs  and  peace  of  mind ; neither  is  it  a thing 
of  light  or  trivial  moment,  that  a man,  yiel- 
ding to  his  paffions,  fad\\x\\\i$implacably  purfue 
every  method  in  his  power,  to  ruin,  if  poffible, 
a numerous  family  of  innocent  dependants  j 
to  bring  a fair  character  into  unmerited  re- 
proach j and  to  load  me  with  infamy  and 
difgrace.  If  the  attempt  proceeds  from  a 
principle  of  virtue,  ’tis  furely  of  the  brutal 
kind  : it  is  not  that  virtue  which  our  reli- 
gion teaches ; it  is  not  the  virtue  which 
human  nature  dictates  : it  is  rather  the  evil 
workings  of  a cruel  and  malignant  heart. 

I may  venture  to  affirm,  that  focicty  re- 
ceives a wound  by  this  dangerous  example. 
The  ties  of  kindred  are  broken  and  disjoined  ; 
a wall  of  partition  is  eredted,  to  divide  the 
members  of  one  and  the  fame  houfe ; and  a 
foundation  is  laid  perhaps  for  future  feuds 
and  family  commotions.  In  my  own  time, 
I will  ufe  my  beft  endeavours,  that  no  fuch 
evils'  ffiall  fubfift. 

Let  us  now  examine,  how  far  this  ftep  is 
agreeable  to  the  outward  profeffions  of  the 
man,  as  a member  of  the  Chriftian  church. 
His  grand  aim,  for  many  years,  feems  to 
have  been  directed  to  a pious  ^and  religious 
end;  his  formal  cajl,  plain  attire , demure  af- 
pedl  and  clouded  brow , have  ever  denoted  his 
feverity  of  manners,  with  fometimes_an  up- 
lifting, and  now  and  then  a downcaft  eye  (as 


THE  MAN  UNMASKED,  &c.  23 

the  utterance  of  the  prieft,  or  fame  ftrong 
words,  feeming  to  captivate  his  heart,  have 
excited  his  pliant  opticks ) thefe  have  long 
been  the  outward  and  vifible  figns  of  what 
he,  no  doubt,  is  pleafed  to  ftile  hi9  inward 
and  fpiritual  grace  : then  again,  his  repeated 
adts  of  charity  and  good-will  •,  his  baikets  of 
bread  diftributed  to  the  needy,  and  a Jly  dol- 
lar dropt  into  a poor  man’s  hand,  with  an 
emphatic  look , that  thole  who  are  on  the 
way-fide  might  know  the  fecret  of  the  mat- 
ter : then  his  table,  full  and  amply  fpread 
to  every  Skipper  in  the  trade ; and  his  wor- 
thy /elf,  after  an  early  whirl  at  the  dawn  of 
day,  fitting  at  home  in  all  the  pomp  of  ora-- 
cular  importance,  ready  to  advife  raw  begin- 
ners in  the  myjleries  of  trade : alfo  his  ealy 
freedom  of  accefs,  together  with  his  gene- 
rous offers  of  relief  and  afliftance,  like  old 
Mirabel  in  the  play,  who  fays,  he  ever  likes 
to  be  generous  to  thofe  who  do  not  Jland  in 
need:  and  in  fhort,  his  prefling  readinefs  to 
be  a firft-rate  man  in  fubfcriptions  of  a pub- 
lic nature  : all-  thefe,  and  a thoufand  fucE 
like  excellencies,  have  long  diftinguilhedi 
him  as  an  objedt  of  attention.  When  the- 
world  hear  all  thefe  winning  fories  in  his  fa- 
vour, and  read  his  prefent  Work,  they  mult 
neceflarily  be  ftruck  with  aftonifhment,  and 
wonder  that  he  Ihould  publifb  a flat  and  o- 
pen  contradidtion  to  the  tenets , practice,  and 
maxims  of  his  life  fome  no  doubt  will  fay, 
' ' that 


i 


£4  THE  MAN  UN  MASKED/  &c; 

that  the  judge  muft  be  the  man  he  fo  zea- 
loufly  labours  to  reprefent  him  ; that  the  va- 
luable author  rifing  above  natural  affection, 
and  the  ordinary  attainments  of  . other  men, 
choofes  to  facrifice  every  thing  to  his  high- 
Jeafoned  and  quick-relijhcd  love  of  juftice; 
and  in  confequencc  of  thefe.  conclufions,  the 
poor  judge  receives  no  quarter,  and  deferves 
no  mercy.  PraSlice  fpeaks  one  language, 
his  book  another.  I muft  therefore  fix  fome 
ftandard,  by  which  the  world  may  be  the 
better  enabled  to  reconcile  the  one  to  the 
other. 

When  I read  any  ftory,  whether  in  facred 
or  profane  hiftory,  whereby  I am  led  to 
wonder  that  man  can  be  fo  brutal,  and  a<ft 
fo 'contrary,  to  the  end  and  defign  of  his  for- 
mation, I inftantly  conclude,  that  thefe 
friendly  inftindts  and  propenfities  of  our  na- 
ture have  been  borne  down  by  irregular  paf- 
fions,  or  wordly  and  finifter  attachments  ; 
and,  in  order  to  form  a right  judgment  of 
the  character,  I proceed  to  fift  out  the  firft 
ruling  principle  of  the  man,  and  tnen,  ac- 
cording to  Mr.  Sterne’s  arithmetic , I cany  in 
my  eye  his  leading  paftion,  wnich  I feparate 
from  the  other  parts  of  his  charadtei,  and 
then  obferve  how  far  his  other  qualities, 
good  and  bad,  are  brougnt  to  ferve  and  fup- 
port  that } for  it  is  certainly  a rnoft  fallacious 
way  cf  judging  of  complex  and  doubtful  cha- 
racters, to  fum  up  all  together,  and  deduct. 


. THE  MAN  UNMASKED,  &c.  i5 

we  do  in  vulgar  arithmetic,  the  lefler  from 
the  greater,  and  fo  give  credit  for  the  balance. 

Scripture  feldom  dwells  long  upon  the 
characters  of  bad  men*  I muft  therefore  be 
indebted  to  an  hiftorian,  for  fome  particu- 
lars in  the  life  of  Herod,  which  are  alfo  well 
ftated  by  the  facetious  Mr.  Sterne.  The  firft 
pafiion  of  Herod  was,  an  immoderate  third: 
for , as  well  as  jealoify  of  power,  every  adtion 
of  his  life  was  devoted  to  that  end  : he  had 
the  face  of  religion , becaufe  he  built  temples 
in  Judea  5 but  it  never  funk  into  his  heart, 
becaufe  his  motive  was,  to  gain  a name  of 
popularity  in  the  court  of  Auguftus : he  was 
jealous  and  fufpicious  of  all  mankind  ; fhew 
me  an  ambitious  or  revengeful  man  that  is 
not  fo,  for  as  fuch  a man’s  hand,  like  IJh± 
mael’s,  is  againft  every  man,  fo  he  concludes 
that  every  man’s  hand  in  courfe  is  againft 
his : he  was  cruel,  for  he  put  the  whole  fa 
nadrim  to  the  fword,  fparing  neither  age,  or 
wrifdom,  or  merit : he  cut  off  his  two  fons± 
by  a public  execution  ; and  all  this  not  ber- 
caufe  he  was  cruel,  but,  that  hi's  jealoufy 
dreaded  a rivahhip  which  might  check  his 
power.  Now,  this  very  bad  man,  we  can 
fcarce  fuppofe  to  have  been  poffeffed  of  any 
virtues-.  Mark  the  myftery ; the  fame  thing 
happens  every  day,  in  a lefs  and  more  con- 
tracted fphere  : he  was  courteous  and  plead- 
ing to  a degree,  in  his  addrefs ; he  was  po- 
pular too,  and  a prince  of  a man 'in  his  ex- 

D pences : 


26  THE  MAN  UNMASKED,  &c% 

pences : he  knew,  the  world,  and  how  to  gain*' 
the  applaufe  of  it ; and,  in  t uth,  he  fo  ma- 
naged matters,  by  thefe  laft  mentioned  gra- 
ces, that  he  flood  his  ground  maugr } all  the 
oppofition  which  his  vices  made  him  fubjeCt 
to  : his  addrejsy  magnificence  and  Jhew  of 
generojity , abfolutely  gained  him  the  affection 
of  the  Roman  fenate,  as  well  as  of  Auguflusy 
and  that  too  in  fpite  of  all  his  vices.  From 
this  fhort  view  of  his  hiftory,  we  may  all? 
derive  a plain  and  inftruCtive  lefion,  that  it 
is  not  the.  parade  of  a few  feemingly  glittering 
' 'dirtuesy  which  fix  the  real  character  of  any 
man,  when  the  fame  being  duly  analized,  it 
manifeflly  appears,  that  they  are  merely  fub- 
fervient  to  the  gratification  of  a ruling  paf- 

fan' 

I feldom 'judge  living  characters,  but  for 
my  own  government  in  life,  and  therefore  I 
might  leave  mankind  to  form  what  opinions 
they  pleafe  concerning  the  predominant  af- 
fections of  our  compiler  and  remarker  ; but 
as  he  has  fpared  no  pains  to  blacken  my  cha- 
racter, in  the  moft  tender  point  of  view,  he 
has  no  reafon  to  expeCt  any  favour  at  my 
hands.  He  thirfts  then,  in  my  poor  opi- 
nion, after  the  phantom  'Popularity , and  fo 
he  gains  it,  ’tis  no  matter  by  what  means  t 
he  thinks,  perhaps,  that  having  once  enjoy- 
ed it  for  a time,  he  has  a natural  claim  to 
it  again,  and  the  rather,  as  the  public  favour 
has,  for  fome  years  pafl,  taken  a little  ex- 

curjion 


THE  MAN  UNMASKED,  &c.  27 

curfon  out  of  town.  When  his  merit  can 
claim  it,  as  a right,  I will  be  one  of  the  firft 
to  hand  the  Idol  to  him  ; but,  according  to 
his  prefent  temper  and  complexion,  I can  on 
no  fcore  ferve  him  as  a Jacob’ s ladder , to 
raife  him  to  the  point  of  his  ambition.  In 
my  apprehenfion,  he  is  doomed  to  rife  no 
more ; and  without  infpiration,  I will  be 
bold  to  foretellr  that  as  his  pafjions  have  out- 
run his  policy , fo  both  together  will  keep 
him  in  eclipfe.  The  fruitful  brat,  the  image 
of  its  father,  is  now  in  the  world ; let  us 
therefore  keep  a fteady  eye  to  the  principles 
already  laid  down,  and  lee  whether  we  can 
.explore  the  reafons  of  this  late  ftrange  and 
offenfive  publication.  Every  man  who  reads 
|iis  book,  muft  perceive  the  motive.  It  .is 
an  attempt  of  the  author,  under  the  fpeciou? 
{hew  of  an  exalted  kind  of  virtue,  which  re- 
gards no  law,  no  friendlhip,  no  alliances, 
no  ties  of  blood,  to  gain  a popu'ar  name i to 
effed  which,  like  Herod,  who  facrificed,  in 
fad;  and  deed,  his  two  fons,  the  Bethlemi- 
tifh  children,  and  the  ^ Jewiih  fanadrim,  fo 
he,  on  his  part,  with  a brutal fury , facrifi- 
ces,  in  print,  the  fame  of  a man  in  the  me- 
ridian of  his  days,  on  whofe  integrity,  affi- 
duity  and  ability  depend,  the  fubfiftance  of 
his  own  affectionate  niece , her  feven  bloomr 
ing,  yea  promifing  children,  a virtuous  Af- 
ter, and  a moll  valuable  mother,  whofe 

grey 


28  THE  MAN  UNMASKED,  &c? 

grey  hairs  he  has  taken' uncommons  pains 
to  bring  down  with  for  row  to  the  grave. 

The  author  muft  have  reafoned  in  his 
mind,  I fhould  fuppofe,  in  the  following 
manner  : <f  T have  long  been  overlooked 

“ the  f miles  of  the  people  are  beflowed  elfe- 
“ where  : how  fhall  I re  gam  them  ? A glo- 
“ rions  occafon  prefents  it f elf  to  me.  ‘The 
“ times  are  much  diftraBed  in  his  Majejiys 
■*  American  dominions  \ -the  laws  of  revenue 
“ and  trade  dif quiet  my  fellow  -fubjeBs •,  courts 
<c  of  admiralty  become  obnoxious  to  the  people ; 
“ I myfelf  have felt  fome  evil  from  them  ; and 
■e  therefore , I may  well  enough  pretend  to  take 
“ offence  at  fome  decrees ; the  furmife  will 
t(  gain  credit , from  the  circumfance-  of  my 
u alliance  with  the  judge : not  a man  can 
“ fuppofe , that  I would  exp  of e him  for  a trifle : 
then  the  difintereftea  call  which  a procee.- 
ff  ding  like  this  will  have , muft  gain  7ne  much 
' ce  applaufe  befdest  all  the  men  in  trade  will, 
t(  of  courfe,  be  attached  to  me : and , in  my 
11  own  way,  to  take  fo  capital  a lead,  muft 
iC  multiply  my  friends  through  America  inge- 
**  neral,  and  the  whole  circle  of  our  mere  an - 
te  tile  connexions.  Tranjporting  thought ! I- 
magination,  with  expanded  wings,  Jeems  to 
give  me  pof'efjion  of  the  jewel,  'before  my 
“ time ! I muft,  I will,  fiand forth  as  a mighty. 
tf  champion  in  the  caufe.  ” 

The  reader  may  naturally  exprefs  ibme 
furpriz:e.  It  becomes  me  therefore,  to  give 

him 


THE  MAN  UNMASKED,  &c.  99 

.him  all  the  fatisfaCtion  in  my  power,  by  afr 
furing  him,  that  the  late  publication  is  3. 
piece  of  abfolute  Hypocri/y,  as  acutely  copr 
pealed,  and  artfully  contrived,  as  the  world 
has  Aeen  for  many  a day. 

If  Mr.  Laurens  entertained  fo  deep  a fenfe 
as  he  exp  redes  in  his  book,  of  the  judge’s 
ill-demeanour  towards  him,  wherefore  dfd 
he  continue  his  accuftomed  friendfbip,  and 
ponverfe  with  him  in  all  the  freedom  of  epi-r 
ftolary  wilting  ? Every  one  of  the  informa- 
tions, except  that  in  the  cafe  of  the  Jhip  Ann, 
were  out  of  court,  as  being  finally  determine 
ed  upon  by  the  judge,  on  or  before  the  firffc 
day  of  September  1767  : let  my  readers  ac- 
count, if  they  can,  for  thefe  letters  [See  App* 
No.  4,  5,  6,  7,  8,  9,  ip,  11,  12.]  whofe 
dates  are  continued  up  to  the  /event eenth  day 
of  April,  /event een  hundred  and  fxty-eight  : 
They  furnifh  their  own  comment,  and  that 
too  in  fuch  legible  and  plain  characters,  that 
to  enlarge  on  them,  would  be  to  fufpeCt  the 
difeernment  of  my  readers , It  may  not  be  amifs, 
however,  barely  to  remark,  that  moil  of  the 
following  particulars  are,  beyond  a doubt, 
eftablifhed  by  the  letters  : that  fubfequent  .to 
the  determination  of  the  feveralinformations 
(the  fhip  Ann  excepted)  I have  received  fees 
in  my  profeflion,  from,  and  through  the  re- 
commendation  of,  this  feemingly  enraged,  and 
as  he  labours  to  make  the  world  believe, 
much  injured  perfon  ; that  he  has  frequently 
, afforded 


30  THE  MAN  UNMASKED,  &c\ 

me  his  advice,  in  my  private  concerns ; heard 
patiently  my  complaints  on  particular  fub- 
jedts  ; been  ready  to  ftand  up  in  the  com- 
mons houfe  of  aftembly  as  a- champion  in  my 
caufe,  in  cafe  of  any  attack  from  that  quar- 
ter : and,  to  clofe  this  little  detail  of  his  my? ■ 
Jierious  condutt , one  of  his  letters  makes  ho* 
nourable  mention  of  me,  in  a certain  particu- 
lar, in  my  late  admiralty  ftation.  After  futh 
a ftrange  and  complex  conduct,  we  are  not 
to  wonder  that  Mr.  Laurens,  in  the  7th  page 
of  his  motley  performance,  modejlly  declares , 
that  no  man  prefumes  to  impute  to  the  judge 
either  ficklenefs  or  duplicity  ; for  my  part,  I 
entertain  fuch  favourable  thoughts  of  man- 
kind in  general,  and  in  particular  of  thofe 
perfons  who  are  acquainted  with  us  both, 
that  I am  perfuaded,  no  temptation  will  in- 
duce them  to  rob  him  of  his  natural  claim, 
and  almoft  exclujive  right  to  both. 

The  fenfe  of  an  injury  is  commonly  keen- 
eft  when  the  wound  is  firft  received ; and 
confequently,  if  our  remarker  had  been  led 
to  move,  in  this  cafe,  upon  & public  principle 
(as  no  doubt  he  earnestly  wifhes  to  dupe  the 
world  into  a full  belief  of)  he  fhould  have 
been  conliftent,  by  withdrawing  his  friend- 
ship and  regard,  when  the  caufe  of  his  com- 
plaint arofe  j but  to  continue  both , with  fa 
much  warmth  of  fentiment  and  expreflion,for 
eight  or  nine  long  months,  proves,  to  a de- 
monftration,  one  or  other  of  thefe  things, 

either 


tPHiE  MAN  UNMASKED,  See.  3 i 

cither  a flacknefs  of -zeal,  if  he  had  then  con- 
ceived fuch  ill  impreflions  of  the  judge,  ac- 
companied with  a thorough-paced  Hypocrify  f 
©r,  that  he  felt  no  early  f erf e of  injury,  and 
therefore,  , to  gratify  his  private  fpleeny  he 
now  attempts  to  arraign  the  juftice  of  his 
judge*  in  contradiction  to  himfelf.  A can- 
did reader  will  rather  take  offence,  than  fuf- 
fer  himfelf  to  be  captivated;  with  fuch  daring 
language,  as  the  publifher  of  extracts  ufes  in 
his  introduction,  when  fpeaking  of  “ fhips 
« and  cargoes  being  boldly  feizcd,  and  vitn* 
lently  profecuted,  and  either  condemned  as 
ct  forfeited,  or  partially  and  incompleatly  re- 
‘Cftored,  without  even  the  fnallefl  legal  pre- 
“ fence  forfeizure.  ” This  gentleman’s  pre+ 
fumption  gets  the  ftart  of  his  underflanding ; 
and  he  cannot  be  ignorant,  that  fuch  infinu- 
ations,  from  a party  in  a caufe,  can.  have  no 
weight  againft  the  folemn  judgments  of  a 
.court.  Men  of  fenfe  will  feer  with  half  an 
eye,  that  affertions  like  thefe,  are  the  eflfu- 
iions  of  difappointment,  the  mere  overflow- 
ings of  an  inflamed  hearty  and  the  raptures 
of  malice  and  ill-will. 

The  fame  little  volunteer  and  drawcanflr  in 
the  arts  of  fcandal,  fubmits  his  “ remarks, 
“ reafonings  and  concluflons  to  thofe,  who 
f<  from  an  extenfive  knowledge  of  trade 
and  commerce,  free  from  the  defpotifm  of 
“ petty  office , or  the  bias  of  plurality  of  places , 
(C  are  capable  of  truly  judging  whereon  the 

“ wealth' 


32  TriE  MAN  UNMASKED,  &c.  - 

«.  wealth  and  power  of  Great-Britain  and  hef 
•«  colonies  depend.  ” I do  not  riiean  to  fet 
forth  the  importance  of  my  employments, 
with  an  oftentatious  yiew blit  it  is  proper,' 
that  every  part  of  this  writer’s  ignorancd  , 
fhould  be  laid  open  to  the  world.  It  is  not 
fufficient  to  attack  the  judge,-  but  he  muft 
Endeavour  to  leflen  and  degrade  the  dignity 
and  honour  of  the  King’s  employments,  and 
by  an  unpardonable  fneer  too,  as  if  Majefty 
was  to  be  controuled  in  the  meafure  of  be- 
llowing his  royal  favours'; 

The  fubjedl  has  an  undoubted  right  of  ac- 
tion, againfl  the  man  who  (hall  decry  thd 
charters  or  titles  of  his  inheritance  : but  i€ 
is  a light  matter,  with  this  refpedtable  au- 
thor, to  trample  under  foot  fome  of  the  ffirfl 
offices  of  government,  thereby  infulting  the 
King  who  bellows  them,  and  the  laws  which 
give  them  a confiitutional  fandli'on  and  fup- 
port. 

In  every  country,  fhe  King’s  attorney-ge- 
neral is  confidered  as  an  officer  of  confiderable 
weight.  His  phrafes  therefore,  of  petty  of- 
fice t are  grofsly  mifapplied ; and  part  of  .the 
term  returns  upon  the  author,  as  a privilege 
peculiarly  annexed  to  his  own  dear  perfion. 

In  the  2d  and  28th  pages  of  Mr.  Laurens’s 
libel  (for  when  we  fpeak  of  the  admiralty, the 
term  is  perfectly  familiar)  he  mentions  the 
holding  of  ten  courts , and  two  guineas  per 
court  'being  paid  to  the  judge  thereof.  In 

order 


1 


THE  MAN  UNMASKED;  &c;  33 

order  to  remove  the  lead;  .fufpicion  of  my  a- 
varice  or  rapacioufnefs,  I beg  leave  to  refer 
myfeif  to  the  following  papers  [See  App . 
No..  9,  10,  13,  14.]  from  a view  whereof  it 
will  manifeilly  appear,  that  no  mercenary 
motives  have  at  any  time  influenced  my  con- 
dud:,  at  lead  in  that  particular  department. 
Thefe  papers  fhew  the  judge’s  attention  to 
difpatch,  and  they  likewise  e^ablifh  this  ptai/i 
fail , that  no  fees  have  been  charged  contrary 
to  cuftom,  and  that  the  j udge,  inflead  of  en- 
crealing,  had  in  truth  in  fome  inflances  re-* 
duced  them;  . . 

• , The  purelS/lv.  Laurens,  page  4th,  alludes  tS 
thetwodromios,but  artfully  drops  the  judge’s 
allufion ; who  particularly  obferved,  on  that 
occafion,  that,  as  both  cafes  were  nearly  at 
ifliie  at  the  fame  time,  he  fhould  confider 
and  decree  on  both  together  : for  Ke  could 
never  intimate,  that  the  fame-  fate  would 
happen  to  both  : and  if  any  loofe  expref- 

fions  gave  room  for  any  other  concluflon,  he 
can  with  the  utmoft  truth  declare,  it  was  fo- 
reign to  his.  meanings  and  he  mull:  either 
have  exprefled  himfelf  incorredly,  or  been 
.grofsly  mifunderflood  by  thofe  who  heard 
him.  However,  as  it  is  no  uncommon 
thing  for  our  author  to  throw  d uble , the 
fancy  of  twins  was  a circumflance  worthy 
obfervation  ; and  I agree  with  Ctrijiram,  that 
a man  ought  to  enjoy  his  hobby-horfe;  and 
if  he  fleers  clear  of  me,  he  may  ride  poft  on 


34  THE  MAN  UNMASKED,  &c. 

it  if  he  pleafes,  I (hall  give  him  no  kind  of 
interruption. 

I have  ihortly  hinted  at  the  pretence  which 
Mr.  Laurens  fets  us,  page  5th,  concerning 
his  appeal ; and  that  having  made  an  appli- 
cation for  further  time,  the  judge  omitted  to 
give  any  anfwer  thereto,  and  having  fur  ren- 
dered his  commiffion,  that  he  is  now  no 
longer  judge  of  the  admiralty- court. 

That  my  readers  may  be  undeceived  on 
thefe  points,  I beg  leave  again  to  refer  them 
to  the  following  papers  [See  App.  No.  2,  3.] 
by  which  is  appears,  that  Mr.  Laurens  ne- 
ver ferioufly  intended  to  profecute  his  faid 
appeal  j and  that  the  judge  did  pofitively  an- 
fwer his  faid  petition  on  the  4th  day  of  Au- 
guft  laft  i a fad  which  the  records  of  the 
court  can  eftablifh  with  legal  certainty. 

When  men  are  determined  to  tranfgrefs 
all  bounds  of  decency  and  true  decorum,  it 
is  no  great  matter  of  furprize,  that  our  au- 
thor, overleaping  all  limits , fhould  worm 
himfelf  into  any  corner,  for  the  fake  of  ga- 
thering dirt.  And  though  Mr.  Moore  is 
faid  to  have  reported  what  is  dated  in  page 
6th,  I can  by  no  means  fuppoie,  that  it  was 
owing  to  that  heroic  attack  which  our  muf- 
cular  and  fanguine  remarker  made  upon  the 
nofe  of  the  colleAor : a great  difparity  of 
years,  and  bodily  infirmity,  compared  with 
the  compad  texture,  of  our  author,  fhould 
have  made  him  defn\  from  fo  rafh  and 

un- 


THE  MAN  UNMASKED,  &c.  35 

ungenerous  an  a£t;  befides,  he  was  retur- 
ning  from  court,  where  he  attended  to  hear 
the  decilion  of  the  judge,  and  no  indigna- 
tion at  his  condudt  could  juftify  fo  unmanly 
an  attack.  The  law  annexes  a privilege  to 
certain  perfons,  who  are  free,  in  common 
cafes  at  lead:,  from  arred  or  imprifonment 
eundo  et  redeundo,  and  in  judice  they  ought 
to  be  protected  from  infult  and  abufe  : but 
this  champion  Ihould,  at  any  rate,  have  with- 
held his  refen tment  a few  moments,  becaufe 
the  collector's  place  of  refidence  was  conti- 
guous to  a fpot  better  fuited  for  hojiile  pur - 
pofes,  as  being  lefs  expofed  to  the  interrup- 
tion of  padengers.  In  every  fenfe,  the  deed 
was  Jhameful  to  the  lad  degree,  efpecially, 
when  we  reflect  that  it  was  performed  in  the 
prefence  of  a hundred  people,  mod  of  whom 
perhaps  were  much  inflamed  at  the  collector’s 
condudt  and  proceedings. 

The  fadt  was,  from  the  bed  information 
I have  ever  been  able  to  collect,  as  follows  ; 
that,  upon  the  rifirig  of  the  court,  fome  little 
altercation  pafled  between  Mr.  Moore  and 
Mr,  Laurens,  which  occafioned  a gathering 
of  the  people,  when  the  latter  gentleman 
put  his  left  arm  acrofs  the  poor  collector , in 
which  pofition-he  walked  along  with  him 
for  feveral  paces,  declaring,  that  no  _ perfon 
fhould  hurt  a hair  of  his  head ; and  under  this 
appearance  of  protection  he  might  be  faid  to 
have  betrayed  him  with  a kifs,  for  he  infant - 


36  THE  MAN  UNMASKED,  &c. 

ly  uttered  “ by  your  leave , ” in  the  phrafe 
and  manner  of  a London  porter,  and  then 
with  his  right  hand  pulled  the  gentleman  by 
th£  nofe  i a gentleman,  with  all  his  fault's* 
greatly  his  fuperior,  and  one  whofe  ffation, 
as  well  as  years,  would,  with  a valiant  man , 
have  fecured  him  both  protection  and  fup- 
port.  The  age  of  fixty  exempts  every  one 
from  bearing  a part  in  the  toils  and  hazards 
of  war,  and  alfofrom  many  civil  duties,  and  it 
is  hard,  that  a private  difference  flic uld  de- 
mand that  exertion , which  the  public  does  not. 
exaCt  in  behalf  of  the  community  itfelf.  Ob- 
ferve  how  well  this  bufinefs  was  managed  : 
one  man’s  left  arm  acrofs  another  man’s  left 
fhoulder,  is  indeed  like  killing  two  birds 
with  one  Jlone,  for  fuch  an  attitude  forms  a 
kind  of  fence  or  inclofure  round  the  perfon, 
whofe  right  hand  hanging  by,  and  being  de- 
prived of  any  play  or  aCtion  by  its  contigui- 
ty with  the  other’s  flde,  and  the  lev  t hand, 
when  acrofs  being  admirably  adapted,  by  its 
motion,  for  various  little  ufeful  operations, 
and  the  fingers  fupplying  the  place  of  little 
bandages  to  the  left  arm  of  the  perfon  under 
this  curious  convoy , brings  this  aged  and  de- 
luded man  into  the  belt  lituatibn  that  was 
poflible  to  devife  for  the  fukfequent  aCt : now 
firm  two  fuch  images  in  your  mind,  and 
then,  reader,  prepare  yourfelf  for  the  onjet , 
but  you  muff  look  as  intently  as  you  would 
to  difcover  the  flight  Oj  hand  of  a well  bred 
''  conjurer i 


' THE  MAN  UNMASKED,  &c.  37 

conjurer , up  Jho  ts  the  right  hand  of  the  map 
whole  kit  is  acrofs  the  other’s  lhoulder,  and 
feizes  the  noje  of  the  coiledlor,  in  that  farci- 
cal polition,  which  he  had  been  for  loti,e 
little  time  before  preparing  to  encounter , by 
fettling  certain  preliminary  points,  which  he 
the  better  effected  by  wheedling,  and  as  it 
were  fafcm  ting  him  by  his  charms,  and  of- 
fers of  protection  agamit  the  rage  and  fury  of 
'the  people.  This  isfuch  a mailer- llroke  of 
political  deceit,  as  merits  a place  in  Mu  hi artel 
himfelf. 

How  much  reafon  has  the  province  then 
to  lament,  that  this  man’s  courage  was  exer- 
ted only  when  it  was  not  wanted ; and  how 
contemptible  mull  he  fink  in  the  eyes  of  the 
world,  when  they  reflect,  that  his  fpirit  was 
alone  rouzed,  when  the  occalion  required 
neither  prowefs , Jlrength , or  condudl ,•  and 
when  even  a victory,  upon  a fair  plan,  mull, 
inllead  of  bellowing  laurels,  have  branded 
the  vidtor  with  dijgrace. 

However,  let  the  intelligence  have  fprung 
from  what  fource  it  may,  the  charge  againll 
the  judge  was  not  more  cruel  than  unjull : 
for,  the  moment  that  the  report  reached  my 
ears,  I wrote  a letter  [See  App.  No.  15.].  to 
the  collector.  Hating  therein  the  plain  mat-: 
ter  of  fa£t ; who  was  pleafed  to  f nd  his  feri 
to  me,  with  his  compliments,  acknowledg- 
ing the  receipt  of  my  letter,  with  aflurances 
Jikewife,  that  he  would  certainly  return  an 

anfwer 


38  THE  MAN  UNMASKED,  &c. 

anfwer  thereto  before  his  departure  from  the 
province  (which-  happened  one  or  two  days 
after  to  the  beft  of  my  remembrance)  a pro- 
mife,  however,  which  he  failed  to  perform, 
as  I fufpedt  for  fome  cnnbiguous  reafon ; as  he 
could  not  but  know,  that  I repeatedly  decli- 
ned any  converfation  with  him,  either  in 
public  or  private,  during  the  whole  courfe  of 
thefe  difputes  j and  I was  innocently  forced, 
by  his  unexpedted  vilit  to  me,,  into  that  dif- 
courfe,  which  gives  our  remarker  a Jhadow 
of  pretence  for  his  ungenerous  fur  mife.  Now, 
let  any  one  for  a moment  place  himfelf  in 
the  ftation  I was  in,  -and  fuppofe,  as  the  fadt 
was,  that  a gentleman  of  the  colledtor’s  years 
and  rank  in  life,  prefling  me  with  lamenta- 
tions that  he  had  no  lawyers  to  aflifl:  him, 
and  without  a rude,  rigid,  and  even  cynical 
behaviour  in  my  own  houfe,  and  under  the 
real  hardlhips  to  which  he  was  in  that  ref- 
pedt  expofed,  that  could,  with  any  decency, 
fay  lefs,  or  condudt  himfelf  with  more  fui ta- 
ble caution  or  refer ve.  It  is  well  known  to 
Mr.  Moore,  that  I have  more  than  once  in- 
timated to  him,  that  it  was  painful  to  me, 
to  hear  any  thing  mentioned  which  related, 
in  the  remotefl;  fenfe,  to  any  matter  depend- 
ing before  me  in  judgment  : but  the  event 
of  the  fuit  clears  up  every  poflible  fufpicion, 
becaufe,  the  man  that  could  fo  bafely  profti- 
tute  his  office  by  giving  advice  in  one  Jlatio?i , 
would  have  made  no  fcruple  about  the  con- 
demnation 


THE  MAN  UNMASKED,  fee.  39 

demnation  of  the  veflel  in  another ; an  ad- 
vice therefore  to  feize,  and  a decree  of  refti- 
tution  afterwards , in  flat  contradiction  there- 
to, leave  no  room  for  the  moll  awakened 
jealoufy  to  harbour  one  difhonourable  thought. 

The  collector  and  his  conduct  being,  on 
the  firji  of  September , f even  teen  hundred  and 
fixty-feveni  the  principal  fubjeCts  of  the  judge’s 
animadverfion,  it  is  a notorious  faCt,'  that  I 
fpoke  with  a bold  and  unreferved  freedom  ; 
and  that  my  obfervations  were  fo  pointed 
and  fevere,  on  divers  collateral  parts  [See 
App.  No.  1 6,  17.]  of  that  officer’s  beha- 
viour, that  he  changed  colour,  and  many 
perfons  apprehended  he  would  faint : in  that 
agitation  of  his  mind  and  fpirits,  he  firft  re~ 
ported , “ that  the  Broughton-Ifland  Packet 
“ had  been  feized  in  confequence  of  advice 
“ from  the  judge,  aCting  as  attorney-gene- 
**  ral,  ” which  was  a barefaced  falfhoood  ; 
the  faCl  being  precifely  as  flated  in  my  letter  : 
when  he  cooled,  and  called  to  mind  the  cir- 
cumftances  therein  mentioned,  he  found 
himfelf  embarafled,  and  unable  to  acquit 
himfelf  with  honour ; which  accounts,  in 
fome  meafure,  for  his  total  filence,  and  his 
breach  of  promife,  in  omitting  to  return  a 
proper  anfwer  to  my  letter. 

The  probability  that  I gave  fuch  advice, 
and  fo  far  forgot  my  ffcation  and  the  honour 
of  it,  is  contradicted  by  the  judge’s  conduCt 
in  open  court : for,  if  he  had  done  fo  bad  an 

aCl, 


40  THE  MAN  UNMASKED,  &cV 

a£t,  'prudence  would  have  dictated  to  hirri 
Jmooth  and  oily  words,  fuch'  as  our  extratt- 
author  fometimes  ufes,  when  he  means  •very 
little  by  them. 

It  appears,  by, the  Libeller’s  ftate  of  mat- 
ters, page,  8th,  that  the  judge  difcouraging, 
on' his  part,  every  hidden  artifice,  ftratagem 
or  contrivance  (if  any  fuch  were  meditated 
by  the  parties  in  the  ftiit)  and  influenced  by 
the  ftri&eft  principles  of  juftice,  made  an 
effectual  and  peremptory  order  for  depofiting 
the  ftatute  whereon,  the  information  was 
grounded,  fuch  as  fuited  the  neceflity  of  the 
claimant’s  cafe,  and  was  agreeable  to  the 
dictates  of  natural  juftice  : and  though  this 
doughty , and,  in  law-matters  I may  at  leaft 
fafely  add,  unlettered  remarker , is  perplexed 
how  to  account  for  a difference  of  fentiment 
in  the  judge,  between  the  two  cafes  of  the. 
Wambaw  and  Broughton-Ifland  Packet,  and 
I,  on  my  p5.rt,  am  restrained  from  difcufiing 
the  particular  reafons  and  grounds  of  the  |wo 
decrees ; yet  I can  with  truth  affure  him 
that,  upon  a review  of  the  whole  matter,  I 
am  ftill  of  opinion,  that  there  is  a legal  and 
very  reconcileable  diftindtion  between  the 
two  cafes.  And  it  is  tKe  moft  notable  logic 
in  the  world,  that  becaufe  he  is  in  a ftrange 
element,  clearly  out  of  his  depth,  perplexed 
id  an 'enquiry  foreign  to  the  whole  ftudy  and 
labour  of  his  life,  and  therefore  unable  to 
trace,  with  any  degree  of  accuracy,  the  out- 
lines 


THE  MAN  UNMASKE^  Acc.  4,! 

lines  of  the  judge’s  fentences,  ox0ecifely  to 
diicern  the  hinge  and  ground-work  thereof^ 
that  the  judge  mu/i  confequently  be  partial* 
ignorant , and  inconjijlent  with  himfelf : and 
it  is  ftili  more  ftrange,  when  it  is  confidered 
that  although  the  judge  condefcended  to  give 
fome  reafons  (a  point  which  I fhall  touch  in 
the  fequel  of  this  performance)  yet  thcfe 
.very  decrees  contain  expreffions,  that  th£ 
judge  had,  for  fuch,  among  other  reafons,  e- 
qually  Jlrong  and  cogent , decreed,  as  the  Sen- 
tences declare } and  therefore,  without  the 
gift  of  infpiratioh,  he  muff  be  at  a lofs,  to 
determine  the  entire  plan  and  fcope  of  his 
reafonings  in  thofe  cafes,  or  what  reafons  of 
law-  and  juftice  in  particular  had  the  afcen- 
dant  in  the  judge’s  mind. 

On  the  head  of  partiality,  I can  with 
truth  declare,  that  I could  never  charge  my- 
felf  therewith  in  any  of  my  public  ftaticns> 
except  in  the  cafe  of  our  remarker , who  was 
during  the  late  Cherokee  war,  appointed 
lieutenant-colonel  of  the  South-  Carolina  re- 


giment, at  my  inftance,  and  on  my  recom- 
mendation, as  <fne  of  his  Majefty’s  council, 
though  his  own  partner,  then  a member  of 
the  board  (who  fpoke  prophetically j ftrenu- 
bully  oppofed  me.  This  partiality  of  mine 
(though  it  was  never  meant  to  offend  any 
other  man)  I now  mofl  heartily-  repent,  and 
for  a better  and  more  fubjlanlial  reafon  thari 
^fhat  dtifes  from  the  colonel’s  iqjamous  ’Tequi- 

f tan 


42  THE'  MAN  UNMASKED,  &c. 

ta/.  In  this  inftance,  I muft  own  (as  things 
have  turned  out ) that  my  uriderftanding  muft 
have  judged  according  to  the  inclination  of 
my  will,  and  not  according  to  the  reality  of 
oppofed  merit  and  the  truth  of  things  ; but 
time,  which  often  itan&ifies  many  adts  feem- 
ingly  pernicious,  as  often  difgraces  other 
meafures,  where  original  appearances  give 
them  an  air  of  redtitude  and  juftice. 

It  is  amazing,  that  a man  who  profeffes 
any  fort  of  candour , Should  feize  upon  a few 
loofe  words,  as  ftated  in  page  6,  which  may 
drop  from  a judge’s  mouth,  and  which  he 
may  perhaps,  in  fome  degree,  fee  oceafion 
to  recall  afterwards,  according  to  the  diffe- 
rent complexion  which  a caufe  may  have  at 
different  ftages  of  the  fuit  and  therefore 
our  law  reporters  always  diftinguifh  between 
the  mere  didtiim  or  obiter  faying  of  the 
judge,  which  often  drops  unguardedly > and 
his  judgment  or  fentence,  which  is  the  fe- 
date  conclufion  of  his  mind,  upon  full  deli- 
beration of  tlje  matter : and  confequently, 
it  is,  in  every  fenfe,  cruel  and  fevere,  to  op-i- 
pofe  the  one  to  the  other,  for  the  fake  of  gi- 
ving an  appearance  of  abfurdity  or  contradic- 
tion in  the  judge’s  condudt. 

Before  I proceed  further  on  the  remarks, 
I think  it  my  duty  to  difclofe  every  part  of 
my  tranfattions  with  a gentleman  whofe 
name  has  been  fo  often  mentioned  ; $npl  the 
rather,  as  a perfon  of  reputation , ivofth  and 

* honour 


. THE  MAN  UNMASKED,  &c.  43 

honour  informed  me,  fome  time  fince,  that 
Mr.  Laurens  had  (in  his  bafe  and  dirty  jki an- 
ner,  and  like  a mole)  which  works  under 
ground)  infinuated,  that  I had  received  a 
fifty  pounds  currency  bill  from  the  collector. 
This  fly  reporter  once  alked  me  the  queftiorl 
himfelf,  and  in  his  own  garden  I told  him, 
that  he  had  given  me  a general  retainer . 
When  I received  this  piece  o&  information, 
I was  much  aftonifhed ; and  that  I might 
afford  him  the  belt  and  earlieft  fatisfa&ion  in 
the  matter,  we  inftantly  referred  ourfelves  to 
my  cafh  book,  wherein  was  the  following 
entry,  “ 1767,  29 tb  May,  to  general  retainer 
“from  Daniel  Moore , EJq\  collector,  £.  50 ; ” 
and  upon  the  1 9 th  June  following  there  is 
alfo  this  entry,  tf  retainer  from  Henry  Lau- 

“ rent,  E/q;  vs. , £.  20.  The  plain 

falil  ftands  thus  ; fhortly  after  the  collector's 
arrival  in  this  province  in  Mlrch  1767,  fome 
difference  arofe  between  him  and  the  mer- 
chants of  this  town,  in  relation  to  cuftom- 
houfe  concerns,  whereupon  that  officer  ap- 
plied tQ  me , with  a view  of  retaining  me  on 
his  behalf.  As  nearly  as  I can  now  recoiled: 
thefe  were  my  words,  previous  to  my  accep- 
tance of  the  fee  : tc  Sir , I mufi  inf  orm  you , 
“ that  I cannot  a5l  for  you  in  any  admiralty-. 
“ cafe  ; and  if  any  criminal  profecution  jhould 
(<  be  commenced , my  office  of  at t or ney^ general 
“ will  require  me  to  fupport  the  fame  : the 

collector  with  fome  little  warmth  anfwered, 

“can 


44  THE  MAN  UNMASKED*  6cc. 

can  youfuppofe , S/r,  that  I mean  to  retain 
“you  in  cafes  <w herein  you  cannot  in  the  duty  of 
“ yourjiation  jerve  me  ? ” I then  replied,  w it 
**  is  proper  to  Jlate  the  exceptions  \ and  if  any 
(i  fuit  Jhdll  be  commenced  dgainf  you,  in  any 
**  other  courts,  I have  no  objection  to  accept 
“ your  retainer  ; ” he  accordingly  gave  me 
fifty  pounds.  Thefe  fads  I am  ready  to  at- 
teft  on  oath,  W neceflary ; and  the  conver- 
sation wks  in  fubftance  as  above  is  ftated, 
and  I believe  nearly  in  the  very  words. 

The  cafe  of  the  Schooner  Active,  was  ar- 
gued, and  decreed  upon^  the  month  follow- 
ing; and  it  is  remarkable,  that  this  very 
firft  caufe,  which  the  judge  determined  after 
receipt  of  this  alarming  fifty  pounds,  went 
againft  the  officers  of  the  cuftoms,  and  in 
favour  of  the  owner,  and  has  ever  fince  been 
e.fteemed  a leading  cafe  refpeCting  the  coaf- 
ing  trade. 

Mr.  Moore  was,  in  September,  acquitted 
from  the  penalties  of  the  ftatute  whereon  the 
information  was  grounded ; and  I may  fafe- 
ly  add,  that  upon  the  circumftances  of  that 
cafe,  and  the  evidence  which  was  produced 
on  the  occafion,  no  found  lawyer  will  take 
upon  him  to  fay,  , that  the  judgment  is  erro- 
neous; and  if  he  meant  a bribe  by  his  retainer, 
it  was  money  very  ill  laid  out,  for  he  recei-r 
ved  a woeful  correction  that  day,  in  open 
couft,  at  the  judge's  hand,  as  appears,  in 
part,  by  the  appendix.  No.  16,  17. 


It 


THE  MAN  UNMASKED,  &c.  45 

It  is  worthy  of  remark,  that  if  the  Schoo- 
ner ACtive  was  in  profpeCt  when  the  retainer 
was  given,  or  if  it  was  poffible  to  fuppofe, 
that  ther  collector  fod  any  i?tdire£f  meaning 
by  it,  that  he  p refitted  very  little,  as  the 
judge  determined  the  caufe  in  favour  of  the 
owner.  And  it  is  alfo  a fortunate  circum- 
ftance,  that  the  affair  of  this  fchooner,  and 
the  feizures  of  the  Wambaw  and  Broughton- 
Ifland  Packet,  happened  fome  time  after, 
arid  could  not  pofnbly  be  in  contemplation 
when  the  collector  gave  this  general  retainer. 

It  is  well  known,  that  every  judge  of  the 
admiralty  in  this  province,  and  I believe  in 
mod  others,  has  taken  fees  in  his  priofeffion 
in  the  other  courts  ; and  any  reflections  of 
this  fort,  difgrace  the  man  only  whofe  wic- 
ked and  detejiable  difpofition  prevails  on  him 
to  make  them.  However,  if  Mr.  Laurens 
is  fond  of  throwing  dirt,  I will  help  him  to 
a faCt,  which  poflibly  he  fnay  turn  to  his 
own  account,  that  his  own  retainer  againft 

Mr.  — — — , was  given  to  me  by  him  on 

the  very  day  whereon  I reftored  that  veffel 
to  the  owner,  and  previous  to  my  pronoun- 
cing that  decree.  He  beft  knows  his  own 
intentions  in  the  application.  However,  I 
can,  with  great  fincerity  and  truth,  affure 
the  world,  that  as  I received  the  collector’s 
retainer  with  great  innocence,  fo  I alfo  re- 
ceived that  of  Mr.  Laurens’s  with  the  fame 
honeil  fimplicity  of  heart.  If  it  (hall  be 

faid, 


46  T HE  MAN  U N M ASKED,  &c. 

faid,  that  the  collector  was  a kind  of  party 
in  the  fuit  againjft  the  Active,  though  the 
information  was  carried  on  in  the  name  of 
Captain  Hawker,  I believe  it  may,  with  e- 
qiial  truth,  be  faid  Jikewife,  that  Mr.  Lau- 
rens was  a party,  by  affording  fame  aid  to 
the  owner,  in  conjunction  with  other  mer- 
chants, in  order  to  enable  him  to  fet  up  his 
claim,  and  to  contefl  the  merits  of  the  fei- 
zure. 

I hope  no  perfon  will  be  ftartleid  at  the  a* 
mount  of  the  fee,  as  I have  never  received 
Jefs  upon  a general  retainer  in  the  courfe  of 
my  practice,  and  parties  have  often,  of  their 
own  mere  motion,  given  more ; though  I 
never,  took  a fee  dictated  by  myfelf,  or  which 
did  not  flow  at  once  from  the  warmth  and 
generality  of  the  client.  , 

One  other  argument  muft  (I  fhould  hope) 
remove  every  kind  of  doubt  and  fufpicion  in 
this  cafe.  If  Mr.  Laurens  came  to  the  know- 
ledge of  this  retainer  from  the  collefdor , he 
muft  either  have  mentioned  it  in  that  view, 
or  charged  himfelf  with  a crime  nearly  equal 
to  that  of  taking  the  bribe  itfelf ; a piece  of 
folly  which  it  is  not  poffible  to  fufpeCt  in  a 
perfon  who  feemed  hackneyed  in  the  ways  0/ 
the  world:  and  if  he  learned  it  from  any 
other  quarter,  it  was,  becaufe  I never  made 
a Jecret  of  the  matter.  In  one  event,  the 
intelligence  was  a point  of  indifference, 
which  the  fublijher  has  unfairly  tortured  to 

his 


THE  MAN  UNMASKED,  &c.  47 

own  bad  purpofe  ; and  in  the  other,  it  indis- 
putably proves  too  much. 

I flatter  myfelf  that  no  cafe  was  ever  fub- 
mitted  to  the  public  eye,  attended  with  more 
favourable  circumllances  in  behalf  of  the 
accufed  perfon,  or  with  fuch  peculiar  aggra- 
vation on  the  part  of  the  accufer.  My  pu- 
blic flations  have  required  me  to  adl  in  fome 
meafure  in  conformity  to  them ; my  large  fa- 
mily has  alfo  helped  to  allay  that  fptrit  which 
has  heretofore  perhaps  been  more  ready  to  exp- 
ert its fire,  than  to  evidence  the  philofophy  or 
prudence  of  the  man : the  day  has  been,  when 
a different  defence  than  what  arifes  from  the 
prefs,  would  probably  have  fettled  the  dif- 
pute,  without  trouble  to  the  world  j though 
I muft  confefs,  that  one  other  difficulty  ftarts 
up  againffc  meafures  of  an  hoftile  nature  with 
my  prefent foe  : when  firft  I fet  out  in  life* 
it  was.  my  wifh,  as  well  as  refolution  (if  po£- 
Able)  ever  to  avoid  ferious  quarrels  and  dis- 
putes ; ’till  now,  1 have  fleered  tolerably 
clear:  I likewife  then  determined  with  my- 
felf, that  if  I fhould  chance,  through  the 
delufion  of  prejudice,  or  a filly  compliance  with 
the  fafions  of  the  world,  to  engage  in 
hateful  a defence,  it  fhould  be  only  with  a 
man  of  genuine  and  unsuspected  cou- 
rage : the  very  idea  o {valour  in  a foe,  in- 
fpires  one  with  fome  portion  of  that  glorious 
* virtue ; and  with  the  bravey  a man  may  en- 
gage with  fome  fecurity  to  himfelf  > for  great 

minds 


48  THE  MAN  UNMASKED; 

xxlinds  know  how  to  prize  magnanimity  of 
Joul,  and  if  one  falls,  the  other , with  a kin- 
dred  affettion,  inStantly  takes  him  in  hft 
arms,  tries  his  beft  to  heal  his  wounds,  to 
reconcile  the  breach  before  the  parting  mo- 
ment, and  to  conduct  him  to  si,  place  of  fafe- 
ty  and  repoie;  Though  I,  on  no  fcore,  take 
upon  me  to  defend  or  countenance  private 
combat  in  certain  Situations,  I am  nevertheless 
ready  to  exert  myfelf  in  a public  caufe : I 
profefs  to  be  an  enthujiajl  on  that  bottom : 
and  (allowing.  Somewhat  for  the  feelings  of 
human  nature;  which  muit  give  a momen- 
tary pang)  ^rdan  with  pleafure  quit  every 
.temporal  concern',  together  with  the  ties  and 
alliances  of  bipod,  to  defend  my  King,  his 
laws,  rights  j|bvd  dominions;  and  the  liberties 
of  my  felldw-fubjeds  according  to  law, 
whenever  a^day  of  danger  Shall  require  every 
man’s  arm$o  exert  its  energy  and  Strength $ 
and  if  this  province,  where  1 have  long  liv- 
ed, Should  fall  into  diftrefs,  either  through 
a foreign,  an  Indian , or,domeitic /jr,  and  it 
Should  be  my  fate  to  fight  by  the  fide  of  Mr. 
Laurens,  we  will  be  emulous  of  fame  toge- 
ther ; we  will  fpur  each  other  on  to  deeds 
worthy  the  Sons  of  Britain  ; we  will  forget 
our  preient  Strife ; and  if  I yield  whilst  my 
Strength  remains,  let  him  put  me  to  the 
fword ; and  if  he  draws  his  own  character 
into, fufpicion  on  fuch  a fatal  day,  I will  Stay 
my  fury  againSt  the  enemy  of  our  peace,  ’till  I 
; ‘ provide 


THE  MAN  UNMASKED;  &c;  4$ 

provide  his  friends  with  an  excufe  - to  bury 

his  dif grace.  - - 

I come  now  to  the  9th  page,  where  he  ad~ 
dr.efles  himfelf  to  the  public,  new  judges  of  bis 
own  creation , whom  he  compliments  with 
a liberty  of  trying  a judge  duly  appointed 
by  the  King,  and  known  in  the  conftitu- 
tion,  and  after  eftablilhing  this  new  tribu- 
nal, ftiles  them  candidy  at  the  expence  of  a 
cruel  infinuation  to  my  prejudice,  arid  then 
pertty,  prefuming  to  make  them  cyphers  only , 
like  an  Eaftern  monarch,  who  keeps  a pa- 
rade of > mutes  to  gaze  with  admiration  at 
his  own  importance*  he  arbitrarily  deter- 
mines, that  he  is  put  upon  a worfe  footing* 
as  to  taxed  cojls , than  a.  Smuggler  could  have 
been  reduced  to. 

The  fmuggler  whom  he  alludes  to,  enhan- 
ced no  charges  by  contefting  the  merits"  of 
his  cafe,  biit  prudently  fubmitted  to  thejufc 
tice  of  the  court  • and  therefore,  as  being  no 
party,  but  fuffering  judgment  to  go,  ^ as  it 
were,  by  default,  the  cofts  muft  neceflarily 
be  paid  out  of  the  fubjedt  condemned,  for 
nothing  but  the  profecji-tdr  and  the  fubjedt 
Of  profecution  were fnen  before  the  court. 
The  more  I confider  the  conduct  and  rea- 
foning  of  this  gentleman,  the  more. he  grows 
a fubjedtof  abhorrence  and  contempt.  The 
fame  page  muft  convince  my  readers  of  his 
ivant  of  candour , and  his  abfolute  indifference 
kbout  inveftigatiilg  any  matter,  which  muft 

Q eventually 


5<3  THE  MAfr  UNMASKED,  kc. 

eventually  operate  againfl  his  own  paflion# 
and  illiberal  furmifes,  If  the  love  of  truth 
had  been  a favourite  object,  he  would  furely 
have  referred  himfelf  to  the  records  of  the 
court,  which  are  in  law  the  indubitable  me- 
morials of  every  tranfa&ion,  and  in  that  pu- 
blic repofitory  he  would  foon  have  difcover- 
ed,  wherefore  it  was,  that  the'  feamen  be- 
longing to  the  Dorcas  were  indulged  with 
payment  of  their  wages.  The  proceedings 
Ihew,  that  they  preferred  a regular  claim  ; 
that  they  were  fhipped  in  this  town  upon  a 
lav/ful  voyage,  as  they  apprehended  > and 
that  the  prosecutor  absolutely  conjcnted  to  the 
payment  of  their  wages : the  decree  in  that 

cafe,  after  the  recital  part,,  which  compre- 
hends likewife ' their  claim,  as  exhibited  _ in 
court,  runs  in  the  words  following,  to  wit, 
tx  dbhich  claim  was  accept edy  and  the  prayer 
**  thereof  affented  to  by  the  faid  George  Ron - 
« pell \ ” and  the  entry  in  the  minutes  of 
court,  on  the  exhibition  of  the  feamen  s 
claim,  is  as  follows,  “ alfo  moved,  that  the 
prayer  of  the  faid  claim  might  be  granted', 
u and  Mr.  Rutledge , proBor  for  the ^ profecu- 
tor,  affenting  thereto,  ordered  and  granted 
tx  accordingly. 

Whatever  indulgence  therefore  was  given,, 
proceeded  from  the  lenity  and  temperance 
of  the  profecutor,  who,  in  this  particular, 
feems  to  have  felt  for  the  poor  mariners,  a~ 
gamflt  whom  nothing  appeared  in  judgment. 


the  MAN  UNMASKED,  &c.  S1 

ihew  that  they  were  parties,  in  any  criminal 
view,  to  the  offence  committed  againfl  the 
a<5ts  of  trade  : the  judge  then  is  totally  out 
of  the  queftion,  confenj'us  tollit  errorem ; for 
the  a<5t  of  the  party  extended  the  relief,  and 
it  is  a circumftance  much  in  the  profecutor’s 
favour,  and  proves,  that  he  pofleffes  what 
fome  people  hand  in  need  of,  bowels  cf  ten- 
der mercy  and  compafr.n . 

There  is  a fatality  which  ever  attends  the 
machinations  of  the  wicked.  Think  as  we 
may,  fays  our  celebrated  hero,  /peaking  a- 
gain  of  the  Wambaw  and  Brough ton-Ifland 
Packet,  we  fhall  find  by  and  by  thofe  very 
decifions  arraigned  by  the  profecutor  him- 
felf ; in/upport  of  which  affertion,  he  fhort- 
ly  after  introduces  Mr.  Rouped’ s ex  parte 
affidavit.  Now  can  any  man,  in  his  mod 
fanguine  moments,  ?/ifh  for  a better  juftifi- 
cation,  than  what  arifes  from  this  fingle 
- fadt,  coupled  with  our  author’s  invedtive.s  on 
the  very  fame  fubjedt  : when  a judge  capti- 
vates the  foul  of  one  party,  and  becomes  his 
little  god  of  adoration,  we  may  be  induced  to 
/peculate,  and  fufpicious  men,  perhaps,  may 
prefume  to  infinuate,  that  he  is  warped  by 
fome  partial  confederations,.  or  influenced  by 
prejudice  or  paflion  : but,  when  he  becomes 
the  fubjedt  of  abufe,  and  both  fides  pro- 
nounce anathema’s  againfl:  him  > when  on 
the  one  hand,  the  party  relieved  grows  in- 
cenfed,  that  the  judge  did  not  give  him 

more  5 


£2  THE  MAN  UNMASKED,  &c, 

mare  ; and  the  'cujlom-houfe  officer  grumbles, 
that  he  gave  him  quite  fo  much  ; every  man, 
in  fuch  a cafe,  will  naturally  fay,  the  circum- 
ftance  of  the  judge’s  fituation  is  ludicrous 
and  odd,  but  will  fcarce  be  perihaded  to  ai- 
fent,  to  any  proportion,  which  infers  an 
idea  of  a falle  bias  in  the  judge  ; twiff  an  1 
turn  the  argument  as  you  pleafe,  and  \v<  1 

it  about  into  as  many  folds  and  rmfd  c •:.» 
the  fnake  enclofes  itfelf  in,  and  the  coricJu- 
fion  muft  be  the  farhe;  the  entw'jt trigs  vud 
unfold,  and  there  will  be  no  pther  eiieijiial 
difference,  than  what  a circumftantial  or  ex* 
ternal  face,  gives  to  the  thing  itfelf. 

The  fame  page,  affords  us  a note  of  gl  ca- 
rious rapture,  at  the  bottom.  *,*  Impartial 
honeji  Britons,  reveal  if  you  can , ” lays  our 
author  : but  as  I have  already  fufficientiy 

’ anfwered  the  matter  of  this  ravtuvous  appeal, 
I fha.ll  only  touch  upon  xhetoncot  it.  Our 
author  never  goes  in  a Jlraight  line  ; if  he 
did,  he  would,  fooner  or  later,  come  to  the 
end  of  it;  on  the  other  hand,  he  takes  fa 
many  irregular  fweeps , forms  fo  many  an- 
gles, cuts  in  and  Jlarts  out , that  his' journey 
is  never  accomplilhed,  or  if  it  be,  the  fruits 
of  it  are  a poor  recompence  for  all  his  toil. 
This  elevated  ftrain  of  harmony  might  have 
fluted  the  gentleman  well  enough  three  years 
ago,  when  his  political  maxims  were  diffe- 
rently directed  ; but  fince  that  period,  he  has 
found,  I fuppofe,  a more  eafy  path  to  the 

people’s 


THE  MAN  UNMASKED,  &c,  53 

people’s  affections,  and  therefore  I fhould 
_ not  wonder  at  a Jiile  fo  ill  fuited  to  his  new 
plan  of  policy,  if  I did  not  know,  that  ab»- 
furdity,  duplicity  and  con  tradition  are  fo 
intimately  blended  in  the  frame  of  our  re- 
marker’s  conftitution.  Thole  gentlemen  who 
lilten  to  his  converfation,  can  belt  inform 
the  world,  what  degree  of  affection  thefe 
honejl  “ impartial  Britons  ” lhare  : I lhall 

therefore  only  offer  his  own  words  to  him, 
as  containing  two  virtues  in  Britons,  which 
I think,  it  full  time,  that  he  Ihould  cultivate 
himfelf : now,  whether  he  means  honejl  as 
properly  defcriptive  of  the  term  impartial \ 
or  vice  verfa,  or,  that  all  Britons  are  both 
honejl  and  impartial  (in  which  phrafe  I . hope 
that  I alfo  am  comprehended)  mull  be  left 
to  the  judges  of  polite  addrcfs : and  though 

our  author  may  think  himfelf  entitled  to  the 
character  of  honejl , in  -the  affairs  of  meum 
and  tuum,  yet  I have  a doubt,  how  far  any 
man  can  be  properly  termed  an  hoiiejl  many 
merely  becaufe  he  will  not  pick  a pocket , 
when  he  makes  no  fcruple  to  rob  another  of 
his  reputation  and  good  name  : it  is  there- 

fore no  unreafonable  wifh,  that  he  would 
learn  to  be  impartial  hojiejl ; an  attainment 
very  fuitable  to  one,  who  prefumes  to  judge 
freely  the  a&ions  or  conduct  of  his  -neigh- 
bour. And  he  mull  excufe  me,  if  I give 
my  own  private  fentiments,  concerning  this 
appeal  of  our  author’s  to  my  countrymen, 

th^| 


.54  THE  MAN  UNMASKEt),  &c.  - 

that  it  is  by  no  means  fincere ; and  that  he 
this  moment  as  averfe  to  the  name  (with- 
out a true  principle  of  public  J'pirit  at  the  bot- 
tom) as  his  own  innate  worth  falls  fhort  of 
their  diftinguifhing  and  glorious  virtues. ' 

I pafs  on  to  the  12th  page,  where  the 
judge  is  again  brought  upon  the  carpet,  and. 
fneered  at,  by  our  author,  for  expreflions  of  a 
mediatorial  cajl.  The  court  was  crouded  on 
all  thefe  fubjedts,  and  numbers  mult  recoi- 
led:, that  the  judge  difrelifhed  the  difputes 
in  general  ; that  he  recommended  harmony 
and  good-will,  in  which  he  had  nothing 
more  in  view,  than  the  peace  and  happinefs 
of  all  parties,  in  their  different  ranks  and  fi- 
tuations : had  fuch  early  recommendations 

taken  place,  Mr.  Laurens  might  have  been 
faved  both  trouble  and  expence  ; our  own 
private  friendfhip  had,  in  that  event,  conti- 
nued firm ; and  the  peace  of  a numerous  fa- 
mily been  uninterrupted  and  fecure  ; and  I 
fhould  likewife  have  been  freed  from  that 
grofs  and  injurious  furmife  which  he  cruelly 
propagates  in  the  fame  page,  that  the  col- 
lector efcaped  the  penalties  and  difabihties , 
•which,  in  confequence  of  the  fuit  againfl 
him,  mujl  have  been  infiBed^  on  him , but  for 
a mere  quibble,  in  the  judge.  The  merchants 
of  Charles-Town  preferred  an  appeal,  which 
$hey  have  omitted  to  profecute  : the  judg- 

ment then  ftands  unimpeached,  except  by 
our  author : and  it  is  to  the  laft  degree  un- 
candid, 


the  man  tjn mask. Ed,  &c.  $$ 

candid,  to  depart  from  the  conftitutional 
mode  of  relief,  and  to  take  the  rod  of  cor- 
rection into  a man’s  own  hand,  But  what 
mull  the  world  think  of  the  candid,  the 
plaufible,  the  fmiling , the  frnooth  Mr.  Lau- 
rans,  who  {hewed  me  a letter  from  a eor- 
refpondent  of  his  in  England  (fome  months 
after  all  my  decrees,  except  that  in  the  cafe 
of  the  {hip  Ann)  wherein  he  informs  him, 
that  there  was  no  doubt  but  the  judge’s  fen- 
tenbe,  in  Mr.  Moore’s  cafe,  would  be  affu- 
redly  confirmed,  or  to  that  effeCt. 

Events  have  anfwered,  in  fome  meafure, 
to  this  prediction  ; for,  as  neither  the  body' 
©f  merchants,  nor  the  nominal  profecutors 
in  that  fait,  can  be  fufpeCted  to  want  finance , 
yet  the  appeal  has  been  deferted  from  a con-; 
viCtion,  now  to  be  fuppofed,  of  the  re&i- 
tude’of  the  judge’s  fentence.  By  what  iu- 
' thority  then,  does  our  author  prefume,  tor 
refolve  the  fentence  of  a judge,  after  a 
month’s  deliberation,  into  a mere  quibble  ? 
or,  how  can  he  play  double , and  fb  boldly 
affert,  that  the  collector  efcaped  the  penal-- 
ties  of  the  aCt  by  fuch  unworthy  means, 
when  he  is  or  was  poffeffed  Qf  a letter,  cf 
the  tenor  already  mentioned,  fpeakitlg  a lan- 
guage fo  oppofite  to  our  idea  of  a quibble  t 
Paffion  and  prejudice  will  tempt  men  evert 
to  aCts  of  the  molt  precipitate  revenge,  and 
daily'experience  {hews  forth,  the  mournful 
effeCls  which  flow  from  an  ill  directed  will. 

la 


56  THE  MAN  UNMASKED,  kc. 

In  the  prefent  inftance,  it  is  evident,  that  Mr; 
Laurens  confiders  every  flart  of  his  imagina- 
tion, as  a charge  againftthe  man  : he  nurfes 
his  conceits,  ’till  they  fajle?i  upon  his  under- 
ftanding  and  lead  him  away  captive , if  not  to 
his  deftrudtion,  very  much  to  his  difgrace : 
but  iuch  are  the  deluf  ons  which  malice,  by 
fome  fecret  charms,  impofes  on  thofe,  whofe 
hearts  arc  ready  for  the  fpell,  and  then  every 
impulfe,  power,  and  energy  of  the  foul,  tend 
to  every  evil  work;  The  malicious  man  bears 
nothing  fo  refolutely  as  ill-will,  which  he 
takes  naturally  to,  as  fome  do  to  gaming, 
and  will  rather  hate  for  nothing  than  ft  out,' 
for  he  believes  the  devil  (as  Butler  fays)  is 
pot  fo  bad  as  he  Jhould  be,  and  therefore  en- 
deavours to  make  him  worfe,  by  drawing 
him  into  his  . .own  party  offenjive  and  defen- 
Jive  : fuch  a man  feeks  out  enemies,  to  avoid 
quarrels  with  himfelf,  like  a flouriffiing  king- 
dom, that  has  not  a foreign  foe  to  contend 
with,  will  fall  into  a civil  and  inteftine 
war. 

I am  now  fafely  arrived  at  -page  13th, 
which  contains  an  oath  extraordinary , as  ti- 
tled by  our  whimf  cal  remarker.  Whether 
he  means,  that  it  is  an  oath  extraordinary  for1 
the  deponent  to  make,  as  difbelieving  what 
it  contains ; or,  that  it  is  extra  ordinem,  that 
is,  out  of  the  accuftomed  order;  or,  that  it 
is  ex  parte,  on  one  fde  of  the  cafe  only,'  may 
be  difficult  to  determine : however,  I think 

that 


THE  MAN  UNMASKEb,  &c.  5? 


that  it  means  fomething  $ and  therefore  he 
has  diftinguiflied  the  fame  with  tWo  rows  01 
little  Jlars , which  one  fet  of  people  may,  id 
their  pure  fmplicity , fet  down  merely  as  em- 
bellijhmenis  > othefs,  as  fignifyirig  a bidden 
and  myjlic  fenfe,  hieroglyphical offojrie  ihrewd 
whim  or  wild  conceit  > and  Others,  who  may 
be  led  aftray  by  the  extravagances  6f  Trif- 
iram  Shandy , will  naturally  fuppdfe,  that  it 
is  a modefl  way  of  faying  an  imtoodejl  thing : 
be  thefe  conjectures  right  or  wrong,  thus 
much  I will  venture  to  infer,  that  he  means 
fome  Jly  Compliment  t6  himfelf ; arid  as  rib 
pride  is  equal  to  that  which  is  fpiritual , we 
may  reafonably  conclude,  aS  they  do  not# 
like  the  three  ftafs  at  the  end  6f  Cdfars  com- 
mentaries, denote  defunl  reliqtia,  arid  by  the 
number  of  them  carinot  pofiibly  figure  ouf 
any  determinate  phrafe.  Or  word  of  fancy, 
wit  of  humour,  that  he  therefore  m.earis  to 
denote  the  heavens  above , to  whofe  God  the 
deponent  is  about  fo  ferioufly  to  appeal  fbr 
the  truth  of  his  faid  oath.  This  mart,  like 


the  Jews  of  old,  is  deep  read  in  the  cere- 
monials of  religion#  and  well  veffed  in  ri- 
tual and  unfubjlaritial  fefvice  ; evfcry  thing  he 
does,  mull  be  feaforied  With  a fprig  of  piety, 
is  the  many  formal  attendants  at  £ fiuneraj 
Will,  one  arid  all,  call  their  rofeniarp  after 
the  body.  Without  any  other  real  motive  than 
What  cuftdm  and  faihiori  preferibe  on  the  oc* 
Cafibri;  But  to  the  Oath  ttfelf,- 

" ' 4 < 


THE  MAN  UNMASKED,  &cr. 

v- 1 no  iooner  heard  that  fiich  an  oath  was 
made,  than  X took  the  rieceflary  fteps  to  ob- 
tain a fight  thereof,  and  to  queflion  the  par- 
ty, as  Well  as  magijlrdti,  thereon,  and  the 
letters  [See  aipp.  No.  18,  19,  20,  21]  in  the 
Sppendix  will  fufficiently  explain  every  doubt 
which  can  poflibly  arife.  It  is  true  that, 
previous  to  my  obtaining  that  fatisfaftion 
which  Mr.  Roupeirs  letter  afforded  me,  I 
believe  X might  be  haftily  led,  in  private,  to 
utter  fome  words  of  warmth  and  indigna- 
tion and  my  memory  fails  me  greatly,  if 
Mr.  Laurens  did  not  come  to  that  knowledge 
from  myfelf,  in  private  friendfhip,  the  laws 
whereof  have  been,  like  the  laws  of  his  God 
and  his  country,  by  his  late  publication, 
trioft  {hamefally  abuled : but  let  this  faxft  be 
as  it  may,  thofe  unbecoming  expreflions 
Which  he  puts  into  the  judge’s  mouth,  page 
1 6th,  mull  have  been,  if  at  all,  uttered  pre- 
vious to  the  letters  referred  to  on  this  head  : 
and  it  is  an  eafy  matter,  for  the  world  to 
difHnguiih,  between  the  irregular  and  r*Jh 
jallies  of  fudden  heat  or  pafiion,  and  the  de- 
liberate and  evil  workings  of  a malignant 
heart ; the  former  ftate  of  mind  being,  in 
the  leaft  favourable  and  worft  fenfe,  impu- 
table to  the  judge,  on  that  occafion  (patience 
and  forbearance  having  'withheld  him  firoir^ 
any  real  adt  of  injury  or  refentmenf)  ; an<f 
the  latter  ftate  this  arrogant  libeller  has.  fixe<| 
j«pon  himfelf,  by  a conduct  which  oppofes 
^ *'  every 


THE  MAN  UNMASKED,  &c. 

every  found  principle  of  that  gofpel,  which 
he  pretends  to  cultivate  and  adopt.  , 

Mr.  Laurens’s  genius  exerts  itfelf  moft  in 
the  17th  page ; and  he  plays  fo  many  pretty! 
tunes,  upon  the  bench,  the  judge,  the  oath,. 
Mr.  Leigh,  bksdijlinff  charters,  and' about- 
the  a&ion  againft  Mr.  Rouped,  and  in  giving; 
a little  detail  of  that  affair,  that  I fhall  think 
it  no  loft  labour  to  follow  him  |n  the  way; 
which  he  has  fet  roe. 

The  mereilul  Mr.  Laurens  brought  an  ac- 
tion againft  Mr.  Roupell,  on  account  of  his 
feizing  the  Brough ton-Ifland  Packet.  Upon 
the  commencement  thereof,  the  defendant 
applied  to  me  for  afliftance  and  advice; 
which  I declined  to  afford  him,  unlefs  the. 
fevera}.  gentlemen  of  the  prpfeifion,  after  ap- 
plication to  them,  (hould  decline  to  take  his 
cafe  in  hand ; whereupon  Mr.  Roupell  reti- 
red, made  his  application  as  I recommended 
to  him,  and  how  far  he  fucceeded  appears! 
By  his  letter  [See  App.  No.  2.2.]  to  roe,  in 
ah  official  way,  as  attorney-general  ; and  X 
rauft  own,  that  I confidered  myfejf  obliged 
to  him  for  trying  any  experiment  elfewhere, 
as  I could  not  byt  confider  his  claim  upon 
-me,  in  the  Ration  of  attorney-general,  as. 
natural,  and  if  not  ftri&ly  a matter  of  right, 
it  was  certainly  near  a-kin  to  it.  XJpon  the 
receipt  of  this  letter,  it  was  impolfible,  in 
any  view  of  the  cafe,  to  decline  the  bufiueft, 
and  circumftanced  as  that  pficer  was,  it  her 
' ' * “ v ' came 


60  THE  MAN  UNMASKED,  &c. 

Came  a duty  of  unquejlionable  obligation  : I 

therefore  undertook  his  defence,  but  with 
all  that  cautious  and  difinterejled  regard, which 
a good  man  will  ever  lludy  to  obferve,  ra- 
ther than  fhipwreck  a reputation,  which 
had  coft  him  much  time  and  labour  to  ac- 
quire, and  which  it  is,  in  all  fituatiqns',  tru- 
Ij  honourable  and  becoming  to  maintain.  I 
rfefufed  a fee  from  Mr.  Roupell,  though  he 
was  polite  enough  tp  offer  me  one,  and  con- 
sidering myfelf  merely  as  a minifler  of  the 
crown,  called  forth  by  npceffity,  I accor- 
dingly confined  myfelf  to  that  character } 
for  it  was  the  officer,  not  the  man  in  his  per- 
sonal and  individual  capacity,  for  whom  I 
was  to  labour  a defence. ; In  order  to  avoid 
every  fufpicion  of  receiving  any  recompence, 
I determined  to  fit  down  with  the  lofs  of 
fuch  fees  as  accrued  to  the  judges  and  offi- 
cers of  the  court  on  the  defendant’s  part, 
which  I have  paid  out  of  my  own  pocket, 
left  a fufpicious  world  fhould  cruelly  insinu- 
ate, that  under  a charge  of  thofe  fees  I had 
comprehencled  fuch  as  were  likewife  due  to 
myfelf.  No  intimacy  ever  fubfiflcd  between 
Mr.  Roupell  and  the  late  judge,  and  of 
courfe  there  could  be  no  renewal  of  that 
which  never  had  exiftence.  When  Mr.  Rou- 
pell made  that  conceflion  which  was  due  on 
dccafion  of  the  oath,  the  injury  was,  in 
fome  refpedt,  repaired  ; and  I had  not  the 
fame  reafon, : as  in  the  prefent  cafe,  to  puf- 

fue 


THE  MAN  UNMASKED,  &c.  6% 

fi*e  him  a public  way,  the  author  of  the,  of- 
fence not  only  being  more  temperate  in  his 
conduct  than  the  outrageous  Mr.'  Laurens, 
but  even  difpjofed  to  make  any  further  atpne- 
ment  in  his  power.  . 

The  lenity  and  moderation  of  our  provin- 
cial laws  empower  the  judges  to  aflign  coun- 
fel  to  the  bafeft  criminal,  on  his  petition, 
though  in  law  the  court  are  ever  confidered 
in  that  light  themfelves  ; and  in  civil  cafes, 
it  is  no  unufual  thing  foi;  courts  of  juftice 
to  interpofe,  and  direct  one  or  two  counfel 
to  return  their  fees,  and  engage  for  the  party 
who  is  deprived  of  aftiftance  by  his  adverfa? 
ry’s  means. 

Is  it  fit  or  reafonable,  that  a man  totally 
unfkilled  in  the  fcience  of  the  law,  who  can 
neither  ftate  or  mature  his  cafe,  according  to 
the  form  and  order  of  legal  procedure,  and 
much  lef§  argue  the  merits  thereof,  ihould 
be  forced  to  a trial  in  that  deftitute  condf 
tion  ? Gan  any  man  of  humanity  contend, 
that  his  adversary,  in  a free  country  like 
ours,  where  the  trial  of  right  is  fo  conlpi- 
cuoufly  candid,  fhall  (by  reafon  of  any  po- 
pular cry  againft  his  caufe)  be  deprived  of 
every  poflible  means  of  making  a fuitable 
defence?  A defpotic  prince,  whofe  will  is 
law,  may  proceed  without  form,  that  being 
pnly  a circumftance,  where  the  juftice  of  a 
cafe  is  not  the  obje<5t  of  enquiry ; but  in  a 
ponftftution  like  ours,  dignified  by  the  moft 

. liberal 


6%  THE-  MAN  UNMASKED,  fee. 

liberal  indulgences  in  favour  of  the.  fubjedt,. 
let  the  man  fink  into  contempt,  whofe  hard- 
nefs  of  heart  can  ftcel  him  againfl  the  feel- 
ings of  humanity.  - 

Our  law,  is  a law  otperfeft  charity,  which 
fuppofes  that  every  man  is  innocent,  ’till  he 
is  legally  convicted.  Upon  this  principle 
therefore  it  is,  that  the  judges  exercife  a large 
diferetion,  with  refpedttothe  bailing  of  thofe 
who  fiand  charged  with  criminal  offences ; 
and  furely  the  perfonal  rights  of  men  are  of 
fome  importance  likewife  : none  will  con- 
tend, I hope,  that  they  fhould  be  tom  from 
the  roots j or  that  one  party  in  a caule  fhall 
diih  out  his  cafe  with  the  eloquence  of  every 
man  at  the  bar,  and  the  other  be  dragged  to 
the  forum,  helplefs  and  forlorn  as  the  infant 
in  its  mother’s  arms,  who,  though  it  may 
offend  its  parent,  by  its  tears,  is  unable  to 
Utter  the  occafion  of  its  woe. 

The  43d  claufe  of  the  Jury  Adi  of  this 
province,  pafled  the  20th  of  Auguft  173 1, 
recites,  ’«*  that  many  innocent  perfons  under 
criminal  profecutions  may  fufferr  for  want  of 
.. knowledge  in  the  laws  how  to  make  a juft  de- 
fence i ” therefore  it  enadls,  “ that  all  per- 
fons that  fhall  he  accufed  andindjMedfor  high 
treafon , petit  treafan%  murder*  f&ny  or  other 
Capital  offence  whatfoever , fhall  have  a copy  of 
their  indidlment , and  make  their  full  defence  by . 
gounfel : and  in  cafe , any  perfons  fo  indicted  fhall 
defire  counfel \ the  court  fhall,  and  is,  thereby 

"authorized 


tMM  Mm  ' ttNMASkEi>,  &c.' 

authorised  and  required,  immediately  upon  theii. 
requejl,  to  ajfigrl  to  fucb  perjbns  fuch  and  fi 
Many  coutfel not  exceeding  two,  as  they  Jhali 
defire,  to  whom  fucb  couttfel  Jhall  have  free  ac* 
defs  at  all  teafonable  times,  either  before  or  af* 
ter  the ] aid  truth  arty  law  Or  ufage  to  the  con* 
tr'dry  no  twit  branding.  ” This  indulgence 
tod  gr'eatr,  to  be  extended,  in  civil  cafes,  to 
thole  who  are  the  objects  of  our  remarker’s 
refen tmentjhis  appetite  being  whetted  for  re- 
venge (for  be  thinks,  with  Zanga,  that  revenge 
is  fweet)  \ he  lofes  fight  of  mercy,  and  every 
principle  of  law  and  juftice ; he  is  old  enough 
to  know,  that  our  law  approves  the  belt 
trim,  as  well  as  the  bell  evidence  upon  that 
trial,  and  delights  in  equal  and  impartial 
juftice.  When  a caufe  has  palled  certain 
ftages,  and  is  brought  to  the  jury  for  trial 
of  the  merits,  the  pleadings  are  opened  td 
them  by  counfel  on  that  fide  which  holds  the 
affirmative  of  the  queftion  in  iflue,  as  alia 
the  nature  of  the  cafe,  and  the  evidence  tci 
be  produced ; and  when  their  evidence  if 
gone  through,  the  advocate  on  the  othef1 
fide  opens  the  adverfecafe,  and  fupports  it 
by  evidence ; and  then  the  party  which  be- 
gan is  heard  in  reply : this  is  the  mode  ob- 
ferved  on  every  trial  by  jury ; 4 but  out  lovej? 
of  truth  (if  We  may  take  his  own  wdrtl  fof 
it)  is  for  introducing^*  new  prattice,  'by 
dopting  one  part  of  this  order  of  legal  proce- 
dure, and  leavilfg'out  the  other*- tfiarrs,  he 

•'C'  \ WOuld 


64  THE  MAN  UNMASKED,  fcc 7 

would  have  hunted  the  defendant  down  witft 
his  own  counfel,  and  enjoyed  a fecret  fatis- 
fadtion  in  his  diftrefs,  and  alfo  have  laughed, 
no  doubt,  at  his  impotence,  weaknefs  and 
inability  to  maintain  the  flruggle  with  them. 
This  conclufion  is  juft,  and  fair,  becaufe 
there  was  no  man  to  defend  Mr.  koupell, 
but  the  attorney-general  himfelf : if  there- 
fore he  would  blame  or  ridicule  thit  officer, 
for  defending  from  the  bench  (as  he  impro- 
perly terms  it)  he  in  efredt  declares,  by  fuch 
cenfure,  that  the  defendant  fhbuld  have  been 
left  deflitute  of  counfel  : But  if,  on  the  other 
hand,  he  fhould  now  contend,  that  he  did 
hot  mean  to  deprive  his  adverfary  of  coun- 
fel, he  is  then  riecefTarily  drove  to  this  di- 
lemma, namely,  to  acquit  rtie  of  all  impu- 
tation, who  only  became  engaged  for  the 
defendant  ex  neceffitate  reiy  and  alfo  to  ac- 
knowledge, that  he  has,  in  this  inftancc  at 
leaf!,  made  “ much  ado  about  nothing.  ” Thu$ 
have  I plainly  fiated,  how  I came  to  he  en- 
gaged on  behalf  of  the  defendant ; in  which 
caufe,  as  in  every  other  wherein  I appear  a$ 
counfel,  1 always  keep  in  remembrance  (and 
in  fome  degree  I hope  adopt  in  pradtice)  the 
advice  of  that  valuable  man  hi  fop  Sanderforij 
to  the  pleader,  in  his  afiize  fermon  at  Lin- 
coln, being  the  third  fermon  ad  ?nagifratumy 
page  164,  “ not  to  count  ity  as  Protagoras 
did , the  glory  of  my  profejjion , by  fubtilty  of 
\ wit  and  volubility  of  tonguey  to  make  the  voorfe 


THE  MAN  UNMASKED*  &c.  65 

taufe  the  better , but , like  a good  many  to  ufe 
the  power  of  my  tongue  to  Jhame  wit  and  im- 
pudence and  protedt  innocency,  to  crufh  op- 
preflors  and  fucqour  the  afflidted,  to  advance 
juflice  and  equity,  and  to  help  him  to  right 
that  fuffers  wrong.  By  this  time,  I hope, 
that  all  thofe  fneers,  which  are  fo  lavifhly 
bellowed  on  this  part  of  the  judge’s  con- 
duct, will  no  longer  influence  the  mind  of 
a candid  reader. 

I come  now  to  confider  wha£  has  provo- 
ked our  author  to  adt  fo  ftrange  a part.  E- 
very  circumllance  convinces  me,  that  re- 
venge is  the  Jlimulating  caufe.  But  it  may  be 
alked,  how  comes  it,  that  a paflion  fo  hate- 
ful in  its  nature,  fo  repugnant  to  thofe  gene- 
ral laws  of  fociability  and  affedtion  which  are 
by  the  all- wife  God  interwoven  in  our 
frames  how ‘comes  it,  that  fo  evil  a paflion 
can  arife  in  the  bread  of  Mr.  Laurens,  a- 
gainfl:  his  once  affedlionate  friend  ? The 
ieafon  partly  fprings  out  of  the  lajl  Ihort  de- 
tail refpedting  the  adtion  in  which  I appeared 
on  behalf  of  the  defendant;  I charge  THIS 
to  be  a faffy  becaufe  I can  fupport  it  by  in- 
contefible  proof  \ by  evidence  not  to  be  refill- 
ed. He  never  meant  to  publilh  any  libel ; a 
fenfe  of  injury  was  the  remotell  fentiment  of 
his  heart  j and  he  has  declared,  that  his  indig- 
nation has  been  raifed  principally , if  not  foie - 
lyt  by  the  circumllance  of  my  engaging  in 
the  eaufe  of  Mr.  Roupell  in  the  court  o* 

I commor 


66  THE  MAN  UNMASKED,  &c. 

common  pleas ; in  a caufe  too,  the  defence 
whereof  was  ftridtly  reconcileable  with  the 
fentence  of  the  judge  in  the  admiralty  court. 
How  far  the  ground  of  his  refentment  is 
good,  mull  be  left  to  the  judgment  of  man- 
kind. 

If  my  conduct  {hall  be  thought,  in  this 
refpedt,  confident,  juft  and  right,  every  one 
mull  approve  my  warmth  and  fteadinefs  in 
fupport  of  the  man  whofe  caufe  I fo  efpou- 
fed ; and  perhaps,  in  the  opinion  of  many, 
my  refolution  to  do  fo  at  every  rifque  and 
hazard,  againft  the  popular  voice , without 
fee  or  reward,  or  promije  or  expectation  there- 
of, in  oppoftion  to  all  the  men  of  eminence  at 
the  bar,-  and  at  the  rifque  of  lofing  both  a 
client  and  a friend,  may  be  confidered  as 
fome  little  teftimony  of  my  virtue  and  prin- 
ciples as  a man.  - 

Refentment  begot  the  adtion,  no  wonder 
then,  that  it  {hould  be  transferred  to  me. 
My  attempt  to  defend  the  forlorn  and  hunted 
officer,  and  my  certifying  probable  caufe  of 
feizure  in  the  cafe  of  the  fhip  Ann,  whereby 
I fo  boldly  and  intrepidly  (and  according  to 
his  idea,  no  doubt,  prefumptuoujly ) endea- 
voured to  protedt  the  fame  officer  from  the 
power  of  the  tormentor , were  injuries  not  to 
be  forgiven.  To  ravifti  from  the  devouring 
paw  of  a wild  beaji , a J'weet  morfel , when  his 
hunger  is  keeneft,  mud  roufe  every  latent 
principle  of  fury , and  kindle  each  ferocious 

inclination . 


THE  MAN  UNMASKED,  &c.  67 

inclination.  Our  remarker,  labouring  under 
fierce  and  unruly  paffions,  the  word:  too,  that 
can  difgrace  human  nature,  has  now  turned 
his  fury  upon  me,  by  a libel,  which  would 
almoft  create  a belief,  that  all  the  malice  in 
the  world  was  concentered  in  one  man,  and 
blended  into  one  performance. 

I muft  own,  that  I exerted  my  bed:  talents 
(filch  as  they  were)  on  behalf  of  the  perfe - 
cuted  officer , and  exhauded  every  argument 
which  a clofe  application  to  his  cafe  fuggeft- 
ed  .to  me ; and  my  reafoning  was  not  confi- 
dered  by  the  judges  as  flimfy>  plaujible  or  cap- 
tious ; two  out  of  three  having  directed  the 
jury  to.  find  for  the  defendant ; and  though 
a verdict  was  given  for  the  plaintiff,  the  da- 
mages fell  greatly  fhort  of  the  expectations 
of  the  party : and  therefore,  though  I failed 
of  fuccefs,  there  is  no  room  for  a bold  affier - 
tion,  that  I was  “ pofed  by  Jiubborn  fatts,  or 
entangled  in  my  own  tenets : ” and  if  it  was 
neceffary  to  enter  upon  a difcuffion  of  my 
conduct  after  the  trial,  on  the  motion  which 
I made  for  a new  one,  it  would  be  found 
that  I had  performed  my  duty  with  fpirit 
and  attention.  One  of  the  plaintiff’s  coun- 
fel  hinted  at  fome  part  of  the  judge’s  decree; 
but  he,  knowing  his  bufinefs,  and  difdain- 
ing  to  difcufs  any  point  before  a court  not 
armed  with  jurifdiCtion,  did  peremptorily 
refufe  to  give  any  fatisfaCtion  in  the  cafe ; 
and  the  wifdom  and  juftice  of  the  court  gave 

Warrant 


68  THE  MAN  UNMASKED,  &c. 

Warrant  to  a refufal,  which  tfih  law  dilated, 
gnd  decency  cannot  but  approve.  . 

In  the  courfe  of  my  arguments  upon  that 
trial,  many  of  thern  fuited  fo  exactly  the 
plaintiff’s  cafe,  that,  in  David's  words , I 
have  reafop  to  believe,  he  thought  them  ve- 
ry /words.  ' My  affedtiop  for  Mr.  Laurens, 
.diminifhed  in  proportion  as  his  zeal  warmed 
him  to  adt  a vindi&ive  or  oppreffive  part, 
and  notwithftanding  the  verdicft  went  in  his 
favour,  the  cafe  was  marked  with  feveral 
pircumftapces  which  fpoke  for  the  defendant. 
From  this  period,  our  author’s  refentment 
became  kindled  againft  me,  and  the  ftreams 
of  his  anger,  finding  a fudden  and  unlooked 
for  re/Jiance , like  waters  riling  above  their 
patural  and  accuftomed  banks,  deluged  all 
before  it,  and  ever  fince?  his  ftreams  have 
been  putrid , corrupt , and  black , as  the  wa- 
ters of  Cocytus  running  through  hell. 

After  a toilfome  journey  through  a moft 
rugged  and  perplexed  path,  I am  at  length 
arrived  at  the  fhip  Ann  of  Briftol.  Many 
little  reflecting  hints  fcattered  about,  on  im- 
material points,  are  unworthy  of  a ferious 
anfwer  ; I fhall  therefore  incorporate  them 
with  fuch  matters  as  feem  to  merit  more  pe- 
puliar  notice.  The  author,  page  26,  (peak- 
ing of  Mr.  Hatley  the  deputy  collector,  gives 
the  reader  to  underftand,  that  the  judge  ^or- 
dered him  into  court,  and  after  a feemingly 
Jevere  reprimand,  he  required  a more  proper 

anfwer 


the  MAN  UNMASKED,  &c.  69 

anfwer  to  tfye  fourth  interrogatory}  and  fo, 
being  thus  as  it  were  compelled  to  fay  fome- 
thing,  he  w'as  again  fworn,  in  open  court,  when 
he  depofed  as  is  therein  dated.  Now,  from 
whom  did  the  complaint  arife  ? F rotn  the 
author s proffer-  To  what  end  was  it  made? 
For  redrefs.  How  could  that  be  effected 
without  the  aid  of  the  judge,  whofe  bufinefs 
it  was,  to  fupprefs  any  anfwer  which  tended 
to  afFedt  the  honour  of  the  court  ? and  how 
was  the  party  to  obtain  fatisfadtion,  unlefs 
the  witnefs  Was  compelled  to  give  a precife 
anfwer  to  the  interrogatory,  according  to  his 
knowledge  } which,  by  the  complaint  made 
againft  him,  he  had  waved,  upon  a pretence 
of  being  accountable  only  to  his  fuperiors 
for  the  pradtice  of  the  colledtor  or  his  deputy, 
when  the  very  queftion  turned  upon  a point 
of  pradtice  in  that  office,  to  the  cuftom 
whereof  I could  not  well  fuppofe  he  was  a 
ftranger  ? . 

As  Mr.  Hatley  was  the  fubjedt  of  the 
judge’s  reprehenfion,  he  would  with  to  refer 
the  reprimand  to  him,  for  an  accurate  expla- 
nation, as  he  certainly  is  the  bed:  evidence 
which  fuch  a cafe  can  poffibly  admit } for 
no  one  can  guefs  fo  fhrewdly  at  his  feelings 
on  the  occafion,  as  the  perfon  who  is  the 
fubjedt  of  it  : but,  if  I may  be  allowed  tq 

give  my  private  fentiments,  he  was  infinite- 
ly embarafled  and  diftreffed ; and  as  a man, 
I am  not  affiamed  to  fay,  that  I fincerely  felt 


70  THE  MAN  UNMASKED,  &c. 

for  his  fituation,  though  it  was  not  in  my 
power,  as  & judge,  to  adminifter  relief.  E- 
very  perfon  who  attended  the  court  may  be 
appealed  to  likewifc,  and  I am  perfeftly  wil- 
ling to  fubmit  this  point  in  particular,  and 
indeed  all  others,  to  their  own  conclufions. 
It  is  not  my  defign,  to  enter  into  the  defence 
of  other  men’s  reputations : he  who  fuffers 
an  attack,  is  the  proper  perfon  to  refill  the 
outrage.  However,  I think  it  my  duty,  in 
point  of  humanity,  to  declare,  that  the  judge 
did  charitably  forbear  to  make  odious  com- 
panions, or  to  ftigmatize  the  reputation  of 
a young  man,  when  he  had  no  motive  to 
commit  an  aft  fo  heinous  as  our  extraft-au- 
thor  infinuates  to  mankind, 
v The  fevere  animadverfion  of  the  judge,  for 
an  appearance  of  contempt  to  the  court,  be- 
fore a numerous  and  crouded  audience,  was 
alarming,  and  if  he  (remembering  his  Ma- 
jefty’s  coronation  oath)  mixed  mercy  in  judg- 
ment, Mr.  Hatley  was  not  the  only  inftance 
wherein  it  was  extended : for,  if  rigour  had 
been  the  plan  of  conduft,  the  Writer  whom 
I now  vouchfafe  to  anfwer,  muft,  in  all  pro- 
bability, have  fupplicated  the  judge  of  the 
admiralty  court,  fof  relief,  for  liberty , for 
the  benefit  of  the  pure  air  which  Anfonbo- 
rough  affords  : his  impertinence , by  letters, 

before  probable  caufe  was  certified  in  the  cale 
of  the  fhip  Ann  (letters  wrote  with  a mani- 
fold view  to  deter  him  from  his  duty)  muft 
' have 


THE  MAN  UNMASKED,  &c.  71 

have  feeured  him  a lodging  in  the  common 
goal  of  Charles -Town : their  ftile  and  lan- 

guage, in  my  poor  opinion,  refledfc  difhonour 
on  the  writer , therefore  I forbear  to  make 
them  public 3 the  author  is  expofed  enough 
already : if  he  is  follicitous  to  become  more 
fo,  let  him  fend  them  to  the  printer,  and,  like 
one  of  Shakefpear’s  Jilly  conftables,  befeech 
the  town  clerk  to  fet  him  down  an  afs. 

The  notes  which  the  judge  wrote  in  an- 
fwer,  are  in  the  appendix  [See  No.  23,  25, 
26.]  His  moderation  and  tendernefs  will 
appear  thereby,  it  is  hoped,  in  no  unfavour- 
able light  3 the  peace  of  our  houfe  will  prove 
to  have  been  an  objedt  of  his  ferious  atten- 
tion and  regard  3 and  if  vanity  had  any  influ- 
ence, I fhould  certainly  bring  the  letters  to 
public  view,  beeaufe  the  moderation  which 
I barely  hint  at,  muft,  on  fuch  a compari- 
fon,  rather  create  aftoniihmcnt,  as  it  riles 
fuperior  to  that  fpirit,  which  too  often  go- 
verns the  ferverje  and  untoward  affedtions  of 
mankind.  I lhall  pafs  over  the  author’s  re- 
flections in  the  28  th  page,  as  I am  under  no 
apprehenfions,  that  they  will  have  any  undue 
influence  on  the  reader’s  mind : a moment’s 
paufe,  will  enable  him  to  recall,  to  his  memo- 
ry, arguments  and  obfervations  fufficient, 
to  refute  fuch  malignant  and  inveterate  remarks. 

As  Mr.  Laurens  proceeds,  his  rancour 
feems'  to  grow,  his  malice  heightens,  and  his 
bitternefs  if  pofiible  enercafes  3 for  the  whole- 


7>  The  man  un mas k. ed,  &c. 

his  fixteenth  remark,  in  page  29,  is  not  more 
cruel,  than  it  is  deftitute  of  truth  for  its 
fupport.  The  regifter  of  the  court  muft  re- 
collect that,  upon  the  publication  of  the  evi- 
dence, the  judge  obferved,  that  the  witnef- 
ies  affigned  nov  reafons  whefeon  they  groun- 
ded their  belief,  in  relation  to  the  officer’s 
motive  for  feizing  the  (hip  Ann,  and  there- 
fore directed  that,  in  future  examinations,* 
he  fhould  take  fpecial  care,  that  the  depo- 
nents difclofe  the  grounds  and  reafons  on 
which  they  found  their  belief.  Perhaps  the 
odium  caft  on  the  profec  ution,  out  of  doors, 
and,  the  feveral  witneflhs  (except  one,  who 
made  a kind  of  half  proof)  barely  declaring 
their  belief  that  the  profecution  was  com- 
menced through  malice  or  refentment,  un- 
accompanied with  any  reafons  whereon  the 
court  might  be  able  to  judge'whether  fuch  a 
belief  was  well  warranted  or  not,  may  ac- 
count for  the  judge’s  conduCt  refpeCting  the 
oath  of  calumny  ; but  every  man  .muft  fee* 
that,  after  publication  of  the  evidence,  and 
the  caufe  at  hearing,  no  impartial  judge, 
without  a formal  and  regular  application, 
and  under  certain  terms,  could  by  any  means 
enter  into  an  enquiry,  upon  what  grounds 
the  deponents  founded  their  belief,  neither 
would  it  have  been  juft  and  honourable,  for 
him  to  fifh  for  explanatory  proofs.  Had  the 
judge  taken  upon  him  to  interrupt  the  caufe 
(fuppof  ng  what  is  not  the.  faCt,  that  he  had  a 

power 


THE  Man  UNMASKED,  £c.  7J5 

power  of  fcnafeif . fo  tb  do)  by  an  adjourn--, 
ment,  had  al’fo  diredted  the  officer  to  re-exa-, 
mine  thofc  wifnefies  or  others,  and  on  fucii 
a pretente  had  protracted  the  fuit,  bur  cha- 
ritable author  would  have  quickly  explained 
fuph  proceedings^  by  the  fihii  whichf  in  his 
^th  page,  he  makes  payable  for  each  court,' 
to  the  judge  alone  : he  would  have  been  the 
jirjl  man  to  arraign  him  as  a partial  j udge, ; 
as  one  deviling  every  method  of  delay  ; and 
the  world  might  have  been  induced  to  credit 
fuch  a charge,  if  lie  had,  on  that  occafion, 
overlooked  the  conflifutronal  practice  of  the. 
Court,  which  afnied  him  with  a power,  of 
adminiftering  ah  oath  tp  the  perfpn  who, 
mud  of,  ah  others  be  the  mbit  .intimately 
acquainted  with  his.  own  thoughts/  motives 
and  principles  of'  conduct.  In  this  dilem- 
ma, the  judge  had  no  other  means  of  expif-, 
eating  the  truth/  and  of  fixing  or  removing 
luch  heavy  imputations'  as  were  call  upon^ 
the  caufe.  If  any  inconvenience  therefore 
axole  to  the  claimant,  becaufe  he  did  not 
hunt  after  hew  evidence,  the  remarker  fhould 
fix  the  blame  in  fome  other  quarter.  Why, 
did  he  negleit  to  examine  Mr.  Logan  and 
Mr.  William  Savage  in  .the  fir  ft  inftance, 
whorfi  he  mentions  in  page  29?  or/  \vhy 
did  he  omit,  by  his  proitor,  in  due  form,  to 
apply  to  the  court  , to  have  the  cuftbm-hbjufe, 
books  produced,  to  invalidate  any  part  of. 
the  evidence  ? an  application  which  #'ould 
j * K . probably 


74  THE  MAN  UNMASKED,  &c, 

probably  have  met  with  favour  and  regard* 
And  how  came  it,  that  the  claimant  omitted 
to  eftablifh,  in  due  time,  his  chain  of  proofs  ? 
Vigilant'ibus  ej}  non  dormientibus  fubjerviunt 
■leges  f Now  mark  the  candour  and  goodneft 
of  this  man  : a principal'  point  in  the  caufe 
was  neglected;  the  perfons  to  prove  it,  whot 
are  refidents  in  town,  were  never  called  upon, 
or  even  their  names  mentioned  upon  the 
claimant’s  lift  of  witneffes,  which  it  is  ufual 
for  parties  to  file  with  the  regifter  ; or  any- 
one ftep  taken  to  prove  what  the  profecu- 
tor’s  motives  were  for  feizing  the  faid  fhip ; 
neither  was  any  motion  made  for  production 
of  cuftom-houfe  books,  or  for  admiffion  of 
further  proof,  as  the  tranfaCtions  of  the  court 
do  manifeflly  fhew.  Publication  then  being 
paffed,  and  the  caufe  at  hearing,  the  judge, 
by  law,  was  obliged  to  proceed  upon  fuch 
evidence  as  the  parties  laid  before  him  : he, 
without  regard  to  either  party,  being  deli- 
rous  to  fix  a point,  which  (circumftanced 
as  things  were)  meritted  fome  notice,  pur- 
fued  the  legal  courfe  (though  a power,  he 
mull:  own,  which  fhould  be  exercifed  only 
on  fuch  a prefting  occafion)  and  the  party 
purged  away' the  imputation:  Therefore 

our  notable  reafoner  concludes,  that  his  ho- 
nour'had  predejUnated  the  fate  of  the  Jioip,  as 
he  was  pleafed  to  pafs  over  the  whole  in  jilence* 
Can  it  be  faid  with  juftice,  that  the  judge 
pafled  oyer  the  affair  in  filence,  when  he 

purfueef 


THE  MAN  UNMASKED,  &c.  75 

purfued  the  courfe  of  law,  to  difeover  that, 
which  the  claimant,  through  ignorance,  ne- 
glect or  defign,  had  omitted  on  his  part  ? 
or,  can  it  with  truth  be  infilled  on,  that  he 
a<5ted  arbitrarily  or  unduly,  when  he  purfued 
the  legal  and  conftitutional  courfe,  in  order 
to  remove  or  fix  an  imputation,  which,  in 
this  flage  of  the  profecution,  had  drawn  the 
fame  into  feme  fufpicion,  accompanied  with 
a general  outcry  from  almofl  every  quarter  ? 
Thofe  who  attended  the  court  mull  have  ob- 
ferved,  that  the  judge  laboured  to  do  impar- 
tial juftice;  and  it  is  the  confcioufncfs  of  his 
integrity,  and  the  confidence  which  that 
gives,  that  now  fupports  him  againll  the  un- 
merited flander  of  a projlituted  pen : he  was 
too  upright,  to  predeflinate  the  fate  of  any 
matter  which  came  before  him  in  judgment y 
and  the  horror  of  the  furmife,  inftead  of 
wounding  the  man,  raifes  in  him  tears  of 
companion  for  the  defperate  and  deluded 
ftate  of  our  author’s  mind, 

Mr.  Laurens,  after  paying  a compliment, 
page  30,’  to  his  friend  Mr.  Manigault  (to 
whofe  goodnefs  he  daily  offers  up  the  morn- 
ing facrifice  of  hat  and  hand)  adds,  whofe 
•veracity  was  never  fufpedted  by  any  man  but 
a judge  oj  the  admiralty ; and  then,  by  a note, 
alludes  to  feme  expreflions  of  the  judge,  in 
the  cafe  of  Manigault  and  Neufville  againfl 
Daniel  Moore.  By  his  own  account  of  the 
matter,  nothing  like  a doubt  appears  touch- 


76  TELE  MAN  UNMASKiD,  $cc., 

iqg  that  gentleman’s  vefacity  : I never  que- 
fhoned  it ; fuch  a thing  vvas  foreign  to  the 


ag.  ...  _ 

purpofe  : our  author  therefore,  to  rivet  him- 
felf,  if  poflible,  more  clofely  iri  his  affe&ions, 
tortures  the  e^preflions,  tq  anfwer  a pitiful 
end  of  his  owh  j pqrceiving,  no  doubt,  that 
a publication  of  extracts*  fur nifhed  ‘him  with 
f opportunity  of  making  fome  ho- 

nourable mention  of  his  name.  ‘ The  late 
judge  fincerely  believes,  ‘that  Mr.  Manlgauljt 
never  harboured  fuch  a thought  ; 4nd  for  bid 
°wn  part,  he  frankly  declares,  that  he,  oh 
no  fcore, ' meant  to  queftion  his  honour  or 
veracity ; and  he  entertains  fo  good  an  opi- 
nion or  our  author’s'  friend,  that  he  is  con- 
fident, he  will  4o  no  a£t  to  fully  the  luftre 
of  his  reputation  ; though  it  is  poflible,  that 
his  patronage  of  a man  fo  ill-difpofed,  as  Mri 
Jfaurins  proves  himfelf  to  be,  by  hiswretchecj 
publication,  may  fijently  and  in^enfibly  dra\y 
it  into  question,  amongft  ftrangers  atleaft..  ’ 
The  fame  expreflions,  Which  our  author 
eonftrues  as  a reflection,  on  the  character  of 
Mr.  Mariigault,  alluded  at  the  fame  time  to 
Mr.  Neufville,  for  both  were  profecqtors, 
arid  equally  engaged  iri  the  'fame  purfuftl 
People  abroad  will  he  apt  to  fav,  that  the 
judge’s  words,  according  to  this  gentleman’s 
Cohftru^lqrij ' muft  furely  have  3 applied  " fd 
|iim,  as  he  neither  touches  his ’name' 6r  re- 
putation T fo  total  a ‘filence,  fo  unpardonable 

ap  indifference,  may  give  occafion  to  fome, 

m < f-.n  . , ■ ■■  t6 


THE  MAN  UNMASKED,  See, 

id  doubt  bis  veracity  and  worth ; and  there- 
fore I think  it  a piece  of  common  jufticc 
and  candour,  in  me,  to  affure  the  world, 
that  I never  meant  any  perfonal  offence  to 
the  profecators,  and  that  I:  believe  Mr.  Neuf- 
ville  like  wife  to  be  a man  of  unblemifhed 
reputation. 

Our  little  dabler  in  law  has  now  conduc- 
ted me  to  his  comment  oh  the  oath  of  ca- 
lumny, which,  he  informs  his  reader,  the 
judge  demanded  ex  officio  from  the  profecu- 
tor  in  the  caufe.  It  is  matter  of  doubt  to 
me,  whether  his  own  lawyers  helped  him 
to  thefe  two  Latin  words  : I have  a'fhrewd 

fufpicion,  that  he  came  to  them  as  fools  do, 
now  and  then?  to  handfome  fortunes,  with- 
out merit  i and  like  fuch  Jimpletons , who  are 
ever  ignorant  how  they  lhall  difpofe  of  their 
adventitious  goods , or  convert  them  to  a 
manly  and  honourable  ufe,  he,  on  his  part^ 
is  at  the  Tame  Straight  and  difficu’ty  with 
himfelC  in  what  manner  to  apply  the  pbrafe 
which  his  friend  bellowed  upon  him ; for 
he,  very  jnjudicioufly,  confounds  the  oath 
which  the  judge  adminiftered  in  a civil  fuit? 
with  an  oath  ex  officio , which  Lord  Bacon, 
alludes  to  on  a different  occalion.  Though 
the  benignity  of  our  law  will  not  fuffer  any 
man  to  accufe  himfelf  criminally , thefamelaw 
will  neverthelefs  permit  him  to  difclaim  a 
particular  demand,  or  renounce  an  origin^ 
right,  and  our  author’s  quotation  from  Puf- 

fendorfh 


7*  THE  MAN  UNMASKED,  &c. 

fendorff,  tends  only  to  difcover  his  ignorance 
and  folly ; for,  in  the  prefent  cafe,  wherein 
this  oath  was  adminiftered,  capital  punifh- 
tnent  was  out  of  the  queftion,  and  the  only 
inconvenience  to  the  party  was  the  cofts  of 
fuit,  and  the  circumftance  of  being  expofed 
to  an  action  if  probable  caufe  had  not  been 
certified ; and  fuch  poflible  Ioffes  or  hard*- 
(hips  as  thefe,  are  by  no  means  the  grievous 
inconveniences  which  that  celebrated  cafuift 
lpeaks  of.  Our  author's  paflfage  from  Plato 
(.which  by  the  way  he  picked  up  out  of  Puf- 
fendorff)  “ admits  of  an  oath,  only  in  fuch 
cafes , inhere,  according  to  the  judgment  of  men , 
no  advantage  can  be  got  by  forfwearing : but, 
•where  any  profit  may  be  reaped  from  the  perju ~ 
ryy  there  he  orders,  that  the  procefs  fijall  be 
tnanaged  without  oaths.  ” If  our  remarker 
means  to  ftrengthen  his  cafe,  by  the  aid  of 
this  Heathen  moralift,  he  will  find  himfelf 
miftaken ; for  he  muff  firft  fhew,  that  the 
admiralty  court  and  its  practice  are  founded 
upon  his  principles  and  policy ; and  unlefs 
he  is  able  to  evince,  that  his  laws  have  been 
incorporated  into  our  own,  they  can  no  more 
/apply  to  the  prefent  queftion,  than  any  of 
the  flavifh  and  burthenfome  obfervances 
mentioned  in  the  Jewilh  ritual.  I remem* 
her,  that  Plato,  in  h\s  politicks,  in  order  to 
banifti  out  of  his  republic  all  property,  or-^ 
dains  a community,,  not  only  of  goods,  but 
alfo  of  wives  and  children  : but  our  author 

will 


If  HE  MAN  ITOMASfcED,  &c.  7$ 

will  fcarce  argue  from  hence,  that  becaufc 
this  ancient  fage  ordained  fb  defective  a 
rule,  that  the  people  of  this  generation 
are  to  adopt  the  fame,  as  a principle  of 
government  to  them.  If  Mr.  Blackftone, 
in  his  lectures  on  the  common  law  of 
England,  had  drawn  his  conclufions  from 
the  Roman  and  imperial  conftitutions,  his 
lyltem  muft  have  been  a confufed  affem- 
blage  of  incoherent  feraps.  All  courts  judge 
according  to  the  principles  and  maxims  of 
that  law,  which  arc  the  foundation  of  their 
practice  and  proceedings;  and  it  would  be 
as  abfurd,  for  an  admiralty  court  to  adopt 
the  maxims  of  the  common  law,  as  for  a 
court  of  common  law  or  equity  to  admit  the 
laws  of  the  Medes  and  Perfians  within  the 
pale  of  their  refoeCtive  jurifdidtions. 

I admire  both  the  virtue  and  philofophy 
of  Plato,  in  many  refpedts  ; though  it  muft 
be  owned,  that  his  works  contain  many  ex- 
travagant and  wild  conceits  : fome  whereof, 
perhaps  our  remarker  would  relifh  welhe- 
nough,  for  his  own  particular  convenience, 
as,  for  inftance,  that  “ women  fooidd  be  de~ 
ftined  to  the  fame  employments  as  the  men,  ” 
a provifion  tins',  which  would  divide  the  cares 
of  life  more  equally,  and  afford  a larger  fhare 
of  comfort  to  the  male  ; thofe  who  are  fond 
of  making  their  wives  drudges , will  fall  into 
Plato’s  fcheme  without  difpute  : for  my  part, 
the  //»£  of  their  duty,  as  laid  down  by  our 

own 


*0  THE  MASKS  Dr &c.'  ' 

ewri  nation,  is,  in  my  opinion,  hiore  recon- 
cileable  to'fneir  nature,  fetter  fritted!  to  their 
capacities  an&  powers,  arid  more  honourable 
to  the  meni  whofe  ffody  if'  fhould  be,  to 
fcften  the  women’s  cares1,’  though  they  fhould' 
thereof  encreafe'  their  own. 

Concerning  this  oath  of'caluhiny,  Mr. 
l*aurens  proceeds  to  give  one  of  the  very 
reafons  the  judge  went  upon  j for,  as  lie  ob- 
ferves  from  PuffendorfF,  in  forhe  cafes,  when 
other  proofs  are  not  fufticient/  the  j udge  may 
put  the  party  to  his  oath;  though  he  do  riot' 
defire  it.  Giviiiaris' can  make  no  doubt-  in  fo’ 
fflain  a cafe:  and  that  he  alfo  may  fee  the 
judge’s  conduit  in  a clearer  light,  he  begs  leave 
to  transcribe  a paflage  of  two  out  of  a book  of 
authority,  in  the  original  language  in  Which 
they  were  wrote,  ‘ in  order  that  his  fon'  (by 
giving  it  ail  Englifh  drefs)  may  return  the 
obligation  which  he  lies  under  to  his  father, 
who  made  ufe  of  him  to  retail  out,  or  rather' 
drop,  his  dirty  poifon  through  the  town,  like 
the  printer’s  mercury,  who  circulates  the 
weekly  paper  of  occurrences. 

• “ Eft  autem  alind  jur amentum  calumnies fpe- 
ciale  alio  nomine  maliticz  non  conimitiendce  dic- 
tum, quod  quo  ties  judici  cequum  dftfum  fuerit , 
litigatoribus  etiam  inlAtis  miniftrari  pojftt  id - 
que  liie  contejlaia , roel  jur anient o calummce  ge- 
tter ali  prceftito,  roel  non  prreftito.  ” The  fame 
author,  fpeaking  pf  the  general  oath  of  ca- 
ICtfnny,  fubjoins,  {‘£>uid  jur  amentum  hujus - 


THE  MAN  UNMASKED*  he*  8t 

modi  niji  femel  in  caufa  prafiari  debet  atqiie  e* 
tiam  plerumqUe  fiatim  jfift  litem  contefiatam 
fieri  folety  fi  tamen  tune  omittatur  potefi  pofied 
in  quaeunque  parte  judici  exigi.  ” 

Both  Confet  and  Domatt,  and  eVefy  civil 
law  writer  of  any  repute  fpeafe  the  fame 
language*  If  my  reader  is  unfkiiled  in  the 
Latin  tongue,  he  may  be  allured  that  the 
bath  (fuch  a one  at  lead:  as  the  judge  direc- 
ted in  Mr.  Roupell’s  cafe)  may  be  admini- 
ftered  at  the  inftance  of  the  judge/,  whether 
the  parties  in  the  fuit  require  it  or  not,  and 
if  he  pleafes  with  or  without  their  confent, 
and  in  any  part  of  the  proceedings* 

It  is  a nice  queftion,  whether  an  oath  rhay 
be  required  of  a perfon,  when  we  have  rea- 
fon  to  believe  that  he  will  fwear  falfely  : - 
but,  fays  Barbeyrac,  in  his  notes  on  PufFen^* 
dorff,  “ W efpeak  not  here  of  a judge ; for  the 
laws,  in  certain  cafes , order  him  to  adminifien. 
cm  oath,  and  he  rnufi  conform  himfelf  to  them , 
without  troubling  himfelf  about  the  manned 
how  they , who  take  the  oath,  can  do  it”  Now 
granting,  for  argument  fake,  that  the  judge 
had  entertained  tome  flight  fufpician  in  hi? 
own  mind*  that  Mr.  Roupeli  would  raflily 
take  the  oath' (a  fufpicion  which,  I freely 
oWn*  never  intruded  itfelf  into  my  thoughts) 
yet  it  was  impoflible  to  determine,  that  he 
would  do  fi,  and  therefore  it  flood  wholly 
dubious  and  indifferent,  and  confequently 
the  perion  muft,  in  fuch  a cafe,  be  left  tot 

L 


8 i THE  MAN  UNMASKED,  &<T. 

ad  fuo  jure , and  at  his  own  peril,  as  he  wilt 
anfwer  at  a future  day  before  the  God  of 
truth. 

Mr.  Noodt  has  fhewed,  in  his  probabilia 
juris,  lib.  3,  chapter  6,  and  in  his  commen- 
tary, page  287,  288,  that  hiopia  probationum„ 
that  is,  want  of  proofs , is,  when  there  are 
fiicb  proofs,  that  the  judges  know  not  how' 
to  determine  fome  particular  point  of  con- 
- troverfy  and  difpute  j in  this  Hate  of  things,:* 
he'  puts  the  party  to  his  oath,  in  order  to  call 
the  balance,  and  to  determine  his  judgments 
which  hangs  fufpended,  as  it  were,  in  dif- 
ficulty, perplexity  and  doubt.  This  was  the 
very  ftate  of  the  queftion  refpeding  the  pro-r 
feeutor’s  motive  for  the  feizure ; the  witnef- 
fes  faid  enough  to  create  fufpieion,-  though 
not  to  fix  an  abj'olute  belief  and  - therefore>it 
became  neceffary,  to  refort  to  the  man  him- 
felf,  from  whom  there  was  no  reafon  to  ex- 
ped  an  evafive,  much  lefs  a falfe  and  dif- 
honourable  anfwer. 

The  author,  page  32,  complains  of  the 
hurdfhip  of  requiring  fuch  an  oath,  where 
the  profecutor  could  plead  his  commiffon  and 
an  aft  of  parliament  •,  and,  page  2d  of  his  re- 
trofpefthe  ref  eft  ions,  he  thinks  it  cruel,  where  '■ 
an  officer  makes  a feizure,  and  deems  that  a 
J'lifficient-  jufiification  of  his  conduft.  He  con- 
tends alfo,  that  it  is  ffill  more  cruel  and  un- 
juft,  after'  fuch  officer  had  declare^  openly 
iiis*- motives  for  making  the  ieizure,  when- 


THE  MAN  UNMASKED,  &c.  83 

the  judge  had  no  fufpicion  of  his  chara&er, 
but  demands  it,  for  fome  fpecial  reafns  in  his 
pwn  mind. 

This  jewel  of  a man  (in  Foote’s  humou- 
rous ftile)  confiders  the  meafure  as  moft  or 
fuperlatively  cruel,  where  the  officer  may 
plead  his  commiflion  and  orders ; and.  he  con- 
tends, that  a judge  may  be  fufpedted  of  finij- 
fter  views,  when  he  exadts  fuch  an  oath  from 
an  officer,  “ who  hath  other  proofs  fujficient 
to  juftify  the  firft  att  of  feizure^ ’ 

I have  purpofely  thrown  all  his  reafoning 
together,  on  the  oath  of  calumny,  that  I 
may  in  one  view  give  a full  anfwer  to  the 
whole. 

It  appears  to  me,  that  Mr.  Laurens,  who 
is  attached  to  no  man  or  party  long  together, 
weary  of  abufing  Mr.  Roupell,  is  now  be- 
come a {launch  advocate  in  his  favour  : he 
does  not  fee,  that  his  changing  fides  will  tend 
to  confute  himfelf : he  is  not  aware,  that 

this  appearance  of  fympathy  for  the  officer, 
will  infallibly  involve  him  in  a palpable  ab- 
furdity  : neither  does  he  clearly  perceive  that, 
when  he  pretends  to  compaffionate  the  man, 
he  entangles  himfelf  beyond  recovery.  Now 
it  is  not  pity  that  creates  thefe  fcruples  in 
our  author’s  mind ; for,  if  he  had  a milkinefs 
of  nature , he  would  not  have  taken  fo  much 
pains  to  defame  his  reputation  : his  paffions 
then  being,  in  this  inftance,  bent  againft  the 
judge , it  was  necefiary  for  him  to  place  the 

' officer 


84  THE  MAN  UNMASKED,  &c. 

officer  in  fuch  a light,  that  a ffiade  of  a dar~ 
}ter  caji  might  fall  upon  the  judge,  and  con- 
sequently his  readers  muft  be  thereby  led  to 
join  more  heartily  againft  the  one,  in  pro- 
portion as  he  could  paint,  Jlrong  and Jlri- 
king  colours,  the  diftrefsful  fituation  of  the 
other.  Let  us  examine  the  Jirength,  fubliml- 
ty  and  conjijiency  of  his  reaioning,  the  fub- 
ftance  whereof  is,  that  if  an  officer  thinks, 
that  his  authority-  to  feize  is  a j unification, 
especially  when  he  makes  a public  declara- 
tion of  his  motives,  and  pleads  his  commif- 
fion  and  orders,  the  oath  ought  not  to  be 
exacted  : in  this  view  of  things,  a judge  is 
a bhnk,  a cypher,  and  the  courfe.and  order 
of  the  civil  law  is  at  once  abolished  ; but  a 
man  of  difeernment,  however,  will  pay  very 
little  attention  to  the  fayings  of  the  parties  j 
and  where  an  a£t  of  parliament  and  an  offi- 
cer s inftrudtions  authorize  a feizure,  and  the 
prpofs  convince  the  judge,  that  the  property 
in  queftion  muft  be  finally  condemned,  the 
cafe  of  malice  or  an  evil  motive  in  the  officer, 
cannot  there  eventually  deprive  the  perfons 
interested  of  the  effedl  of  their  feizure  : but 
where  a judge,  frpm  the  general  complexion 
of  a cafe,  from  the  pleadings  and  exhibits  in 
the  caufe,  fees  clearly , that  in  ftridt  j uftice 
the  feizure  muft  be  reftored  to  the  claimant  $ 
where  the  profecution  is  cried  down,  and  a 
popular  clamour  is  raifed  againft  it,  as  being 
promoted  upon  an  evil  principle  of  malice 


THE  MAN  UNMASKED,  6cc.  85 

and  refentmcnt ; where  the  witneffes  alfo 
raife  fcruples,  without  eftabljjhing  the  fadt 
whereon  fuch  doubts  arife ; it  may  be  proper, 
for  thefe,  and  many  other  reafons,  to  inve- 
ftigate  the  motives,  in  order  that  the  judge 
may  determine  whether  he  will  proceed  fur- 
ther in  the  caufe  or  not,  and  what  propor- 
tion of  cofts  the  officer  ffiall  pay  : when  he 
exercifes  his  diferetion  with  prudence,  and 
with  a ftridt  eye  to  complete  juftice,  when 
it  is  known  that  fuch  an  oath  may  be  requi- 
red, the  power  of  adminiftering  it  may  check 
frivolous  profecutions,  and  reftrain  officers 
from  uling  their  commiffions  as  rods  to 
fcourge,  when  they  are  given  them  only  up- 
on a general  and  public  plan  of  commercial 
policy  i and  cafes  may  be  fo  circumftanced, 
that  he  may  properly  and  confidently  call  in 
the  conftitutional  practice  of  his  court,  as  a 
court  of  civil  law ; and,  furely,  it  cannot  be 
contended,  that  any  thing  lefs  than  an  adtof 
parliament,  can  controul,  alter,  abridge  or 
annul  the  effential,  inherent  and  ancient 
pradtice  of  a court  of  juftice. 

Our  author  is  neither  fatisfied  with  or 
without  reafons.  His  book  tends  to  abufe 
the  judge  for  giving  reafons,  and  he  fneers 
at  him  in  the  affair  of  the  oath,  for  retain- 
ing “ his  fpectal  reafons  in  his  own  mind , ” I 
never-  met  with  a man  fo  difficult  to  pleafe. 
How  it  came  into  his  head,  that  a judge 
flight  be  fufpedted  of  fnifer  views , for  ex- 

adting 


S6  THE  MAN  UNMASKED,  &c. 

afting  fuch  an  oath,  from  an  officer  who 
hath  other  proofs  fujficient  to  jujiify  the  firft 
°f fizurei  exceeds  my  comprehenfion ; 
for,  by  his  own  ftate  of  the  cafe,  he  is  an- 
gty  that  the  oath  was  required  ; and  the  par- 
ty who  took  it,  rather  teemed  to  decline  it, 
by  retreating  to  his  commiffion  and  inftrucr 
tions  : what  fnifter  views  then  could  adtuate 
or  influence  vthe  judge,  when  the  propofition 
was  reliihed  -by  neither  of  the  parties  ? but, 
as  if  our  author  laboured  to  entangle  himfelf 
in  new  difficulties,  he  feems  to  admit,  that 
this  officer  had  proof  enough , without  this  ha- 
ted oath,  to  juftify  his  feizure ; a conceffion 
which  T had  little  reafon  to  expedt,  but 
which,  however,  is  equally  confident  with 
many  other  parts  of  his  condudt  and  perform 
mance. 

Mr.  Laurens,  page  33,  raifes  anew  batr 
tery,  by  flating  the  grievous  inconveniences 
to  which  the  poor  officer  was  expofed ; and 
he  very  ingenioufly,  as  alfo  charitably  fup- 
pofes,  that  as  he  muft  certainly  have  per- 
ceived the  dangers  which  he  fets  in  full  ar-» 
ray,  he  therefore  took  the  judge's  hint.  This 
is  one  of  the  moft  whimfical  receipts  for  an 
aSi  of  perjury  I . ever  met  with,  and  our  au- 
thor has  the  foie  merit  of  claiming  to  him- 
felf  th t difcovery  thereof 

The  oath  was  required  by.  the  judge,  to 
be  taken  or  refufed  : the  party  had  it  in  his 
option,  to  adt  agreeable  to  the  didtates  of  his 

confcience ; 


THE  MAN  UNMASKED;  See.  Zj 

<5onfcience ; and  no  perfon,  much  lefs  one: 
in  a judicial  ftation,  fhould  fuppofe,  that  a 
party  whofe  character  flood  clear  before  the 
court,  would  be  hardy  enough  to  trifle  with 
a facred  teft.  If  an  imaginary  fear*,  that  a 
man  will  flatly  perjure  himfdf,  to  avoid* fuch- 
evils  as  Mr.  Laurens,  ftates,  is  a good  objec- 
tion, the  fame  will  hold  almoft  equally 
ftrong  in  every  cafe,  and  confequently  it 
ftrikes  at  the  whole  fyftem  of  legal  admini- 
stration : but,  independent  of  ftich  reafons 
in  fupport  of  the  argument,  nothing  is  more- 
clear,  than  the  judge’s  right,  as  grounded 
upon  the  civil  law ; a right  which  has  been 
exercifed,  in  certain  cafes  and  emergencies,- 
from  the  days  of  Juftinian  to  the  prefent 
time  : the  whole  practice  of  the  court  of  ad- 
miralty* and  great  part  of  our  proceedings  in 
our  courts  of  equity,  are  framed  upon,  or 
owe  their  rife  to,  the  practice  of  the  forunr 
Romanian:  trace  it,  from  one  ftage  to  ano- 
ther, and  it  will  be  found  conformable,  in 
many  particulars,  to  the  old  imperial  confu- 
tations ; claimants  anfwer  upon  oath,  as' 
defendants  do  in  chancery,  notwithfland- 
ing  they  are  immediately  interefted  in  the 
fubjed:  in  difpute;  and  though  the  common 
law  does  not  allow,  that  a man  fhall  be  a 
witnefs  in  his  own  caufe,  yet  thofe  courts 
who  chiefly  govern  themfelves  by  the-  rules 
of  the  common  law,  proceed  according  to 
the  maxims  and  principles  of  that  law  and 

therefore 


te  THE  MAN  UNMASKED,  ke< 

therefore,  in  the  cafe  of  * Williams  againft 
Lady  Bridget  OJborne , there  being,  on  a 
queftion  of  marriage,  a variety  of  evidence  on 
both  fides,  the  judge  required  the  oath  of 
the  party , which  the  civilians  term  the  fup-> 
pletory  oath , that  he  was  really  married,  as 
he  fuppofes  in  his  libel  and  articles  : the  par- 
ty being  admitted  to  his  oath*  the  lady  ap- 
pealed to  the  delegates,  and  the  foie  queftion 
there  was,  whether  the  judge  ought  to  have 
admitted  Mr.  Williams  to  his  fuppletory  oath } 
the  court  held,  that  this  oath  is*  in  arbiirio 
judicis , and  the  caufe  being  of  ecclefiaftical 
cognizance,  the  civil,  and  not  the  common 
law,  is  to  be  the  meafure  of  their  proceed* 
mgs,  and  therefore,  the  oath  being  agreeable , 
to  the  civil  law,  the  court  of  delegates  held* 
that  the  judge,  under  the  circumftances  at-* 
tending  the  cafe,  had  done  right  in  admit- 
ting Mr.  Williams  to  his  fuppletory  oath * 
Upon  the  whole  then  of  this  cafe,  fo  far  as 
it  relates  to  the  oath  of  calumny , the  enraged 
author  has  prefumed  to  arraign  the  juftice  of 
his  judge,  in  a point  of  which  he  is  totally 
ignorant  j and  has  alfo  taken  upon  him  to 
draw  conclufions,  which  his  own  fertile 
imagination  has  alone  fupplied  him  with  j 
and  to  forge  the  moft  unnatural  conjectures 
which  the  wit  and  artifice  of  man  could 
'poffibly  invent. 

Before  I difmifs  this  fubjedt,  it  may  not 

be 


Strange-  So, 


THE  MAN  UNMASKED,  &c. 

fee  altogether  foreign,  to  offer  a conjecture 
concerning  the  difrelifh  which  our  author 
{hews,  to  this  oath  of  calumny  \ for  in  this* 
as  well  as  in  many  other  instances  alluded 
to,  he  feems  to  have  his  face  Jhiebded  by  a majk: 
it  is  therefore  my  determined  refolution  to 
fhew  his  naked  countenance  as  often  as  I can. 

I conclude  theny  that  he  is  grievoufly  of- 
fended, that  the  reproach  which  was  fo  in- 
duftrioufly  propagated,  in  relation  to  the 
fuit,  as  being  carried  on  through  malice 
and  refentment,  could  be  no  longer  legally 
queflioned  j fuch  an  imputation  being  pur- 
ged away,  by  the  oath  of  the  profecutor 
himfelf. 

Our  fhort- lighted  rematker  feems  to  per- 
fuade  himfelf,  that  the  certificate  of  probable 
caufe  was  owing  wholly  to  the  profecutor’S 
compliance  with  the  requifition  of  the  judge. 
He  is  miftaken  : and  if  he  was  at  liberty  to 
aflign  his  fpecial  reafons , or  to  canvafs  the 
grounds  and  principles  of  his  feveral  decrees; 
he  is  well  convinced,  that  his  honour,  ju~ 
flice  and  integrity  Would  Ihine  forth,  to  the 
confufion  of  the  man  who  has  dared  fo 
lhamefully  to  doubt  them  : however,  I have 
not  omitted  to  enter  upon  all  collateral 
points,  and  to  obferve  on  fuch  remarks  as 
reflect  any  difgrace,  or  tend  to  draw  flay 
character  into  fufpicion  or  contempt  i and 
forry  I am,  to  be  deprived  of  a legal  chctncti 
©f  being  jullified,  upon  the  true  merits  of 

M . 


9o  THE  MAN  UNMASKED,  &e, 

each  profecution,.  before  a court  whofe  know- 
ledge would  enable  it  to  fcrutinize  with  the 
moft  fcrupulous  exa&nefs ; whofe  juftice,  as 
, well  as  power,  would  at  the  fame  time  be 
exerted  to  the  affirmance,  alteration,  or  re- 
verfal  of  the  fentences ; and  whole  benigni- 
ty, and  condefcention  to  human  fallibility, 
would  point  out  the  diftinttion  between  an 
error  of  the  judgment,  and  an  error  of  the 
will. 

' The  remarker,  in  page  35,  intimates, 
that  from  the  judge’s  own  reafonings,  inno- 
cent owners  have  been  enfnared,  by  'villain - 
ous  ojjicersy  and  fo  proceeds  to  mate  feme 
charitable  inferences,  agreeable  to  his  'wonted 
manner . I can  with  truth  freely  declare 
(and  I fay  it  without  vanity)  that  I never 
fuffered  myfelf,  ia  my-  judicial  character,  to 
be  fo  far  tranfported,.  as  to  fpeak  in  a ftile 
fo  ill  fuited.to  the' judge’s  flalion ; and  ha- 
ving for  feme  years  paft  cultivated  a lit- 
tle acquaintance  with  the  pureft  writers,  I 
am  confident,,  that  ffich  unbecoming  phra- 
fes  never  dropt  from  the  judge’s  mouth. 

. The  author  is  difpleafed  at  the  amount  of 
cofts  : but  the  judge  is  free  from,  any  charge 
on  that  account : his  frequent  recommenda- 
tions to  the  pro&ors,  to  proceed  in  a fum- 
mary  icay,  and  with  the  utmoft  expedition, 
and  to  avoid  multiplying,  if  poffible,  the 
number  of  courts,  beyond  the  fliated  courfe 
and  practice  of  the  court  [See  Npp.  No.  9, 


THE  MAN  UNMASKED,  &c.  91 

jo,  13,  14.]  muft  certainly  clear  him  from 
an  odium  fo  urideferved,  fo  bafe,  and  fo  in- 
jurious, and  at  the  fame  time,  he  hopes,  fo 
evidently  contradicted  by  his  daily  conduit 
in  private  life. 

If  Mr.  Laurens’s  property  was  unduly  fel- 
led, the  fame  has  been  legally  reftored,  by 
the  moft  condefcending  attention  to  every 
circumftance  of  equity ; and  that  too  with 
Jinglenefs  of  heart , without  one  falfe  bias, and 
free  from  the  fear,  favour  or  influence  of  any 
perfon  upon  earth : and  though  the  fubjeCt 

has  not  been  reftored  to  .him  with -that  libe- 
rality which  he  feems  to  have  expected; 
and  the  judge  has  relcued  the  officer  from 
the  dejiroying  gripe  and  iron  hand,  of  our  re- 
marker’s juftice ; no  man  can  be  forry,  that 
his  forefight  and  penetration  have  ftept  in 
between  vengeance  - and  the  party,  who  gives 
himfelf  one  moment  to  refleCt,  what  (lender 
hopes  of  mercy  and  compaffion  the  - man 
would  have  received,  if  our  author  had- been 
left  to  adminifter  relief. 

Page  36  contains  very  little  worthy  of  re- 
mark, unlefs  it  Be,  that  the  ftatute  3 8 Edw , 
3.  eh.  8.  was  not  noticed  by  the  judge,  and 
perhaps  for  the  belt  reafon  in  the  world,  to 
wit,  that  it  had  no  relation  to  the  cafe..  The 
judge’s  expreffions,  alluded'  to  in  page  36, 
concerning  the  conduCt  of  fome  officers,  had 
relation  to  other  perfons,  the  profecutor  not 
being  comprehended  by  any  means  in  that 

particular 


92  THE  MAN  UNMASKED,  &c; 

particular  obfervation,  or  the  objeCt  of  the 
judge  s cenfure ; and  therefore  we  are  fup-' 
plied  with  a reafon,  why  he  fhould  be  excufed 
from  any  inconvenience,  on  the  fcore  of  a 
mere  fufpiciOn  arifing  from  the  conduct  of 
fome  other  persons. 

I beg  the  reader's  attention  to  page  36, 
which  relates  to  a profecution  in  which  Mr, 
Uaurens  had  no  intdreft  or  concern,  wherein 
it  will  demonftrably  appear,,  that  this  man’s 
aim  is,  to  defame  and  leffen  the  judge’s  cha- 
racter, at  the  rifque  pf  his  own  honour  and 
feputation  as  a man.  The  decree  recites, 
that  f*  there  is  not  the  leaf  Jhadovp  of  pre- 
tence, that  the  J aid  veJJ'el  has , at  any  time , 
been  employed  in  any  illicit  trade  whatfoerer  f 
and  the  laft  remark  but  one  in  this  page, 
where  the  author  argues  the  cafe  in  a fuper- 
fcial  way,  fays,  in  this  cafe , where  there 
was  neither  Jhadow  nor  pretence  for  making  a 
Seizure : " 'Obfejrve  how  the  terms  are  con- 
verted from  the  judge’s  declaration,  , that 
“ there  was  no  Jhadow  or  pretence  that 
the  vejfel  in  quefion  had  been  employed  in  an 
illicit  trafle , ” to  this  favourite  purpofe,  that 
fe  there  was  no  pretence  for  making  a feizure  f 
which  fubtle  alteration  works  a moft  dange- 
rous effect ; for,  though  the  veffel  might  be 
free  from  fuch  a charge,  and  for  that  and 
other  reafons  reftitution  be  decreed  (all  which 
is  pepfeCtly  confiftent ; yet  the  cafe  is  widely 
ql|efed,  when  the  judge  (by  our  author's 

changing 


, the  MAN  UNMASKED,  &c.  ,93. 

changing  the  phrafe)  is  made,  by  an  artful 
trick,  to  fay , that  “ there  is  neither  Jhadow 
nor  pretence  for  making  a Jeizure becaufe  it 
is  impofiible  for  any  man  to  read  thefe  latter 
words,  without  an  aftonifhment  that  proba- 
ble caufe  Ihould.  be  certified,  in  the  very -face 
too  of  a declaration  that  there  was  no  pre- 
tence for  the  feizure ; and  but  for  this  Fallacy, 
the  whole  is  perfectly  confiftent,  becaufe  a 
veflel  may  not  have  been  ever  employed  in 
an  illicit  trade,  which  circumftance  (added 
to  the  innocence  of  her  prefent  voyage)  ar-  * 
gued  in  favour  of  the  owners,  and  therefore 
reftitution  was  decreed;  but  on  the  other 
hand,  if  the  judge  is  made  to  fay,  'that 
f*  there  is  no  pretence  for  the  feizure , ” no 
man  can  poflibly  concur  with  the- certificate 
of  probable  caufe,  the  contradiction  is  fo  grofs, 
and  the  declaration,  and  the  fubfequent  aCt, 
fo  oppofite  and  repugnant  to  each  other.^ 
However,  Mr.  Laurens  is  guilty  of  another^ 
impofition,  in  every  fenie  equally  unfair,  un- 
pardonable, and  unjuft:  he  puts  into  the 

judge’s  mouth  the  following  words,  “ And 
there  is  not  (adds  his  honour)  the  leaf  Jha- 
dow or  pretence , that  the  faid  veffel  has,  at 
any  time been  employed  in  any  illicit  trade 
whatfoever , whereby  his  Majefys  revenue  can 
be  dimimjhed,  &c.  contrary  to  any  of  the  wife 
provifions  of  any  of  the  revenue  laws , or  laws 
of  the  cujloms ; therefore  I do  'think,  there 
- was  a probable  caufe  of  feizure , and  do  order 


94  THE  MAN  UNMASKED,  &c, 

the  claimant  to  pay  all  the  taxed,  cojls  of fait:” 
By  this  artful  arrangement  of  the  words,  thofe 
who  read  the  book,  mull  defpife  the  judge , 
and  his  reafoningsy  and  all  hi$  judgments  and' 
decrees.  Reader,  flop  one  moment,  and  take 
breath.  Refer  to  the  5th  line  of  page  38, 
’till  you  come  to  the  word  “ therefore , " 
which  brings  you  to  the  decretal  term  of  re- 
Ritution,  then  you  will  perceive,  that  the 
judge  begins  a new  and  independant  fentence, 
in  the  words  following,  to  wit,  “ And  as  I 
think  there  was  probable  caufe  of  feizure , &c. 
I do  order , that  the  claimant  do  pay , &c.  ” 
This  artful  tranfpofition  of  the  judge’s  words, 
or  change  in  the  genuine  arrangement  of 
them j this  grofs  fubflitution  of  words  of 
one  import,  for  words  of  a different  import ; 
is  one  of  the  rriofl  fcandalous  attempts  which 
ever  difgraced  any  man,  fince  the  confufion 
of  languages,  or  the  formation  of  letters. 

A robber  picks  my  pocket,  perhaps  he 
wants  what  I poffefs,  and  which  I do  not 
Rand  in  need  of ; the  injury  ceafes  with  the 
lofs  of  a fpecific  fum ; there  the  evil  flops  : 
But  the fuggejlio  faff,  and  the  fupprejjio  veri, 
may  work  an  injury  to  the  reputation  of  an 
honeft  man,  which  the  future  life  of  fuch  a 
mifcreant  may  never  be  able  to  atone  for. 

“ Good  name  in  man  or  woman 

“ Is  the  immediate  jewel  of  their  fouls. 

“ Who  fteals  my  purfe,  fteals  trafh  : ’tis  fomething;  nothing: 
“ ’Twas  mine  : ’tis  his ; and  has  been  Have  to  thoufands. 

“ But  he  that  FILCHES  from  me  my  good  name, 

“ Robs  me  of  that,  which.not  ■enriches  him, 
i‘  And  makes  me  poor  indeed. 

Oh 


THE  MAN  UNMASKED,  &e.  9; 

• • 

Oh  fhameful ! and  abfurd  I that  our  au- 
thor fhould  talk  of  logical  inferences,  groun- 
ded upon  fuch  abufed  premifes ; and  dare  to~ 
proftitute  the  name  of  logic,  who  is  ignorant 
of  its  meaning,  beyond  the  fhort  terms  of 
explanation,  which  his  Dyche  or  Bailey  may 
give  him,  in  their  mere  catalogue  of  words. 

He  informs  his  readers,  in  the  fame  page* 
that  the  circumjlances  of  the  fchooner  Active, 
which  the  judge  feems  to  mention  as  motives 
for  ordering  restitution  of  the  veffel  and 
Cargo,  were  exactly  the  fame,  as  the  circum- 
fances  of  hundreds  of  Jmall  vejfels  in  Caroli- 
na for  fourfcore  years  before  that  experiment 
was  tried  upon  the  Adtive.  It  is  a pity,  that 
he  fet  up  as  a candidate  for  fame  out  of  his 
own  element : it  is  a pity,  that  he  did  not  di- 
ftinguifh  to  his  readers,  that  the  Statutes 
whereon  this  profecution  was  grounded,  were 
enadted  in  the  reign  of  his  prefent  Majefly  :• 
and  therefore  the  precedent  of  eighty  years r 
muft  yield  to  thofe  alterations  which  the 
legislature  from  time  to  time  fees  fit  to 
make  on  paft  experience  : arguments  there- 
fore of  a pradtice  before  the  interpofition  of 
a law  to  regulate  fuch  practice,  are  not  more 
defpicable.  than  they  are  unapplicable  to  the 
point  in  queftion  ; “ for,  where  there  is  no 
law,  there  can  be  no  tranfgrejjion,  ” I fhall 
clofe  what  I have  to  fay  on  this  fubjedt,with 
a fingle  obfervation,  namely,  that  the  veffel 
was  within  the  words  of  the  adt  of  parlia- 
ment; 


96  THE  MAN  UNMASKED,  &c. 

ment*  that  a literal  and  flavifh  expofitor 
might,  and  probablywOuld,  have  condem- 
ned fuch  veffel : and  it  is  aitonifhing  to  the 
lall  degree,  that  he  finds  fault  with  a decree , 
which  feveral  lawyers  here,  fome  months 
after,  confirmed  by  their  written  opinions, 
which  the  author , in  conjunction  with  other 
merchants  in  this  town,  obtained,  as  I be- 
lieve, and  which  were  printed  under  an  ex- 
tract from  the  very  decree,  in  a book,  inti- 
tled,  u A reprefentation  of  the  conduct  of  Da-* 
ttiel  Moore , ff\'>  collector:  ” which  extract 
and  opinions  are  therein  referred  to,  in  order 
to  manifeft  the  undue  conduCt  of  the  officer 
on  that  particular  occafion ; however,  it  is 
convenient  at  this  time,  for  Mr.  Laurens  to 
caft  dirty  and  he  is  ever  fteady  to  perform  art 
office  (the  only  point  of  confiftency  in  his 
oonduCt)  which  the  honour  of  other  men 
reftrains  them  from  accepting. 

Page  39  again  hints  at  the  term  mercan- 
tile patriots , in  order,  I fuppofe,  to  rivet  an 
idea  in  the  minds  of  the  merchants,  that 
the  judge  made  ufe  of  that  phrafe  in  a kind 
officer  or  derifcn ; but  he  allures  them,  that 
he  uttered  it  in  no  fuch  ftile.  And  though  Mr. 
Laurens  boldly  afierts,  that  the  fimple  fac- 
- tor  denies  what  gave  rife  to  the  judge’s  ob- 
fervation,  he  apprehends,  that  in  this,  as  in 
many  other  infancesy  he  prefumes  too  much  ; 
becaufe  I -can  with  truth  - aver,  that  the 
judge’s  words,  on  that  occafion,  were  war- 
ranted 


TfiE'MAN  UNMASKED,  See.  §f 

fan  ted  by  the  information  which  the  f after 
Very  innocently  gave  him  of  his  own  accord; 

Our  author’s  recapitulation  contains  fcarce 
anything  worthy  of  an  anfwer } moft  part 
thereof  having  been  already  fully  handled  in 
the  preceding  ftieets.  One  obfervation  how- 
ever occurs*  upon  the  following  lines  of  out 
inimitable  critic  : u Nevertheless,  ” fays  he* 
fpeaking  of  the  fcooner  Active,  page  42, 
*'  his  honour  thought  there  was  a probable  caufe 
for  the  feizure , and  the  innocent  owners  werei 
by  that  unlucky  thought,  loaded  with  a vajt  ex- 
fence without  remedy.  ’*  Strange  ! that  any 
man  will  attempt  to.reafon  on  fubjedts  with- 
out learning  or  ability : for  it  is  plain,  to 
the  moft  common  and  unbiased  underftand- 
ing,  that  this  feizure  was  a fubjedt  within 
the  letter  of  the  ftatute  ; and  confequeritly. 
the  probable  caufe  depended  upon  the  adt  of 
parliament,  and  can,  on  no  feore,  be  refol- 
ded into  any  unlucky  thought,  arifing  from  the 
mere  apprehenfion  of  the  judge  himfelf,  in- 
dependant of  the  ftatute  whereon  the  profe- 
eution  of  the  fchooner  Adtive  was  particu- 
larly grounded. 

When  a weary  traveller  has,  with  rttanly 
fortitude  and  patience,  pafled  over  bleak 
mountains,  and  penetrated  through  roads 
almoft  inacceflible  by  human  flcill  j when  he 
has  toiled' through  many  a dark  and  drearf 
path , under  all  the  difficulties  which  mart 
can  labour,  without  aid,  or  fuccour,  com- 
' „ N pa-ny,* 


98  THE  MAN  UNMASKED;  A* 

pany,  or  refrdhment ; and  at  length  fpietf 
out  ihc  end  ofl  his  defined  journey ; what 
extatic  raptures  muft  fill  the  bofom  of  this 
weary  pilgrim  ! paft  toils  and  dangers  lofe 
their' horror  or*  refledion,  and  we  {pring  for-: 
ward,  with  invigorated  force  and  flrength, 
to  the  laid  ftage  of  our  painjul  travel.  Thefe 
are  my  feelings,  after  a tedious  journey  thro* 
forty- two  pages  of  a dull,  conjufed,  deceitful',, 
wild  and  incoherent  book : the  defarts  of  Ara- 
bia faintly  figure  out  the  difordered  variety 
which  crouds  this  author’s  work : it  is  a 
performance  in  a date  of  nature;  the. foil 
produces  nothing  grateful  to  the  fenfe ; not 
a rofe  fpreads  its  fweet  perfume ; thorns  only 
and  briars  grow  with  infolent  luxuriance ; 
but  painful  as  the  drudgery  is,  I chearfully 
proceed,  not  doubting. but  my  pen  will  foon 
diffolve  the  charms  of  our  aufere  magician , 
and  conduct  me  from  thefe  troublefome  re- 
fearches,  to  a fweet  acquaintance  with  the 
mufes  and  the  graces . 

Our  author’s  refle&ions*  arifing  from  a 
retrofpcB  of  a late  cafe , bring  up  the  rear  of 
his  mighty  forces-;  fhreds  and  odd  ends  of  fen- 
tences-  tacked  together*  like  a.  Harlequins 
coat , and  fet  out  with  a {hew  of  pomp,  in 
the  manner  of  the  poor  apothecary’s  {hop  in. 
Romeo  and  Juliet,  ' 

— . About  bis  Shelves 

A vbeggnrly  account  of  empty  boxes, 

. “ Green  earthen  pots,  bladders  ,and  mu'fty  feeds* 

“ Remnants M’  packthread,  and  old-  eakes  of  rotes,. 

W esc  thinly  festtorrd,  to  make  up  a-. 'hew. 


Such 


THE  MAN  UNMASKED,  &c.  99 

Such  materials,  in  the  literary  way,  deck  out 
the  wide-extended  plan  of  our  author’s  i a - 
hours.  Seven  long  months  from  the  promul- 
gation of  this  decree,  has  the  amiable  Mr. 
Laurens  been  weighed  down  with  this  afto- 
nifhing  brat ! ’tis  a world  of  pity,  that  he 
could  not  contain  this  child  of  his  imagination 
a few  weeks  longer , that,  being  properly  ri- 
pened and  matured,  it  might  have  grown 
to  perfett  Jlature cruel  cafe  ! that  the  firfi 
offspring  of  his  brain , fhould  come  into  this 
**  breathing  world  before  its  time , fcarce  half 
made  up,  with  numberlefs  infirmities  about  it.  ** 
Pity'that,  when  it  was  quietly  feated  upon 
our  author’s  pineal  gland,  it  did  not  Iceep  its 
ftation  : and  more  pity  ftill,  that  this  unripe 
fruit  has  fo  early  dropt,  thereby  difcovering, 
not  only  the  imbe.cillity  and  weaknefs  of  its 
natural  parent,  but  alfo  its  own  monfirous 
and  abhorred  deformity. 

It  is  impoffible  to  anfwer  a catalogue  of 
little  fayings,  grounded  upon  the  fubjedt 
which  has  gone  before  and  been  fully  re- 
plied to ; as  well  might  our  remarker  have 
• put  together  a number  of  fmart  proverbs,  -a 
few  riddles , or  fuch  like  Jlowers  of  the  w;z- 
nor  poets,  and  fo  left  it  to  every  reader,  ac- 
cording to  the  bent  of  his  fancy,  to  make 
the  application.  However,  as  one  reflection 
refpedts  a judge  of  the  admiralty,  who  fits 
independent  of  the  office  of  attorney-genera!, 
X beg  leave  to  refer  my  readers  to  [See  App. 


100  THE  MAN  UNMASKED, 

^ - 0 * •* 

No.  23]  a letter  which  I wrote  to  thp  lieu* 
tenant  governor  fo  long  ago  as  the ’17th  day 
of  July  1767,  by  which  it  clearly  appears, 
that  the  judge,  willing  to  retire  from  his  feat, 
tgok  the  proper  ileps  for  that  purpofe,  and 
actually  wrote  to  his  friend  in  England,  in- 
clofing,  at  the  fame  time,  two  certificates' 
which  he  obtained  from  his  excellency  the 
governor  and  his  honour  the  lieutenant  go- 
vernor [See  App.  No.  24,  25.]  in  order  to 
pave  the  way  for  a refignation  of  the  place, 
when  4 favourable  moment  fhould  prefent 
kfelf  for  that  purpofe  : . and  every  one  knows, 
that  a refignation  here , muft  have  given  great 
offence  to  administration  at  home,  who  had . 
lately  Supported  me  againft  a complaint  of 
the  commons  houfe  of  affembly,  on  account 
of  a fuppofed  incompatibility  between  the  two 
offices  of  attorney-general  and  judge  of  the 
admiralty ; and  the  reafon  which  one  of  his 
Majefty’s  minifters  gave  to  one  of  my  friends 
for  that’  Support,  was,  that  “ Mr.  Leigh 
had  faithfully . abied  up  to  the  duty  of  his  fa-:, 
tion,  as  an  officer  of  the  crown , ” and  there- 
fore any  determination  on  that  point  was  then 
poftponed  to  a future  day. 

J The  affembly  confined  their  complaint 
folely,  to  the  inconvenience  which,  they  ap- 
prehended, might  arife  from  the  union  of 
both  thole  offices  in  one  perfon  : they  did 
not  attempt  to  infinuate  the  leaf!;  circum* 
nance  to  my  diferedit : and  whoever  gives 
* •:"  V-  - ' ^ him feff 


TOE  MAN  UNMASKED,  -&c.  ioi 

hynifelf  leifure  to  r&fledt,  will  call  to  mind^ 

' that  this  affair  happened ' at  a time,  "v^hen 
the  paflions  of  men  were  much  heated  in  tStf 
and  every,  other  province  on  the  continent  : 
and  therefore  it  cannot  be  fuppofed,  that  the 
affembly  would  aim  at  the  ojjice,  and.  differ 
the  man  tp  efqape  animadv-ei-fion,  had  his 
public  conduct  made  him  liable  to  cenfure, 
A complaint  againft  him  for  partiality  or  in- 
juft  ice,  muff  have  given  additional  weight" 
to  the  application  for  disuniting  thefe  em- 
ployments : let  it  be  confidered  alfo,  that' 

it  was  not  a time,  for  them  to  be  influenced' 
by  a falfe  tenderncfs  or  compaffion  : thisl 

conclufion  therefore  may  be  fairly  drawn/ 
that  my  ehara&er,  as  a public  officer,  was" 
free  from  fpot  or  blemifh.  I know  that" my 
politicks  were  diftiked,  but  that  circuniftance 
is  no  impeachment  of  my  honour'.  The  a- 
bove  certificates  point  out  likewife  pretty 
clearly,  that  I was  not  altogether  the  igno-^ 
x rant  or  partial  judge,  which  the  author's  li- 
bel gives  the  world  to  underftand : aud  it  is 
_ no  unfavourable  circumftance,  that,  after 
having  prefided  upwards  of  feven  years  in 
the  court  of  vice-admiralty,  and  determined 
divers  cafes  of  great  value  as  well  as  intrica- 
cy and- doubt,  that  not  a lingle  party  has 
profecuted  one  appeal  ; and  in  every  inftance 
, where  an  appeal,  during  that  Ipace  of  time," 
has  been  exhibited  in  thefirfl:  fally  of  difap- 
pointment,  the  tame  has  either  been  for- 

mally 


102  THE  MAN  UNMASKED,  &e* 

mally  withdrawn,  or  abfolutely  deferted. 
Add  to  thefe  obfervations,  that  I am  nearly 
arrived  at  the  viginti  annorum  lucubrationes, 
which  Fortejcue  fpeaks  of,  and  that  I have 
been  near  fixteen  years  in  confiderable  prac- 
tice at  the  bar,  there  can  remain,  it  is  hoped, 
very  little  doubt,  but  my  ability  was  equal 
to  the  cafes  which  have  induced  our  mer 
chant -lawyer  to  turn  judge  : but  thefe  points 
are  humbly  fubmitted  to  the  reader’s  own  re- 
flections. One  obfervation  of  our,  author’s, 
in  the  laft  page  but  two,  exceeds  the  truth ; 
for  the  judge  charged  no1  officer  exprefsly,  as 
being  guilty  of  the  crime  he  inlinuates ; he 
took  offence  indeed,  at  Mr.  Hatley’s  anfwer 
to  one  of  the  interrogatories,  and  deemed 
the  fame  a manifefl  contempt,  and  obliged 
him  to  purge  it  by 'a  fuitable  fubmiffion. 

The  condolatory  addrefs,  which  Mr.  Lau- 
rens fuppofes  to  be  uttered  by  the  judge  to 
the  dangling  officer,  muft  be  confidered  as 
the  laft  effort  of  the  man  before  his  diffolu- 
tion  : but  as  it  is  one  thing  to  rail,  another 
to  accufe;  as  we  muft  be  tried  by  proofs, 
not  JiStionsov  the  airy  phantoms  of  the  brain  ; 
it  is  fufficient  merely  to  obferve  in  general, 
that  our  author’s  book , is  a mafter-piece  of 
dijingenuity , mingled  with  invetfive,  invidi- 
oufly  contrived,  to  amufe , alar?n , and  to  de- 
ceive. 

On  the  17th  of  September  laft(  the  judge 
furrendered  his  commiftion,  agreeable  to  a 

notification 


THE- MAN  UNMASRED-,  &c.  103 

notification  from  government  previous  there- 
to, that' his  Majefty’s  fervice  might  fuffer  by 
the,  union  of  the  two  employments,  of judge 
of  the  admiralty  and  attorney- general,  in  one 
perfon ; an  intimation  long  wifhed  for  by 
that  gentleman,  and  moft  cordially  received : 
the  phrafe  therefore  of  Jurrender , page.  5th, 
(uits  the  cafe,  and  is  a word  as  agreeable  as 
the  term  rejignation,  which  Mr.  Laurens  in 
a kind  of  fneer  fupplies,  by  fubftituting  the 
former  in  its  room.  Government  thought 
fit  to  difunite  thefe  two  employments,  and 
were  pleafed  to  leave  the  choice  of  rejigiui~ 
tion  to  myfelf. 

In  this  place  it  may  not  be  improper  to 
obferve,  that  Mr.  Laurens’s  firft  quotation, 
in  his  title-page,  contains,  in  italicks,  the 
words  volunteer  judges,  alluding,  I fuppofe, 
to  thofe  who  offer  themfelves  For  fuch  em- 
ployments when  vacancies  arife.  Allow  the 
faft,  and  I fee  no  imputation  which  juftly 
flows  from  it : and  if  it  is  confidered,  that 

our  prefent  lieutenant  governor,  who  was  in 
the  adminiftration  at  the  time  of  Mr.  Rat- 
tray’s death,  cordially  appointed  me  j that 
he  is  a gentleman  of  worth  and  abilities,  and 
vvould  never  fuffer  any  private  attachment  to 
interfere  with  the  duty  of  his  ftation ; his 
appointment,  I hope,  will  afford  the  world 
no  juft  caufe  of  disfatisfa&ion  or  complaint ; 
the  preemption  being,  that  he  truly  thought 
the  perfon,  at  the  time,  equal  to  the  truft : 

for 


«o4  THEBAN  UNMASKED,  &c. 

for  my  own  part,  I confider  his  nomination! 
of  me  to  that  poft,  as  a mark  of  honour,  in- 
dependant of  the  office,  as  being  conferred 
by  a man  of  probity  and  parts } for  thofe  two 
circumftances  ever  give  to  the  perfon  ap- 
pointed a durable  Jiamp  of  merit  and  regard , 
which,  in  this  indance,  I truft,  neither  our 
author’s  extracts,  nor  his  future  labours,  will 
be  able  Jinally  to  wound. 
r There  remains  Only  one  point  more  to  be 
difcuffied>  as  arifing  from  Mr.  Laurens’s  re- 
marks. Whatever  objection  he  has  taken 
to  Mr.  Roupell’s  ex  parte  oath,  the  fame 
being  altogether  extra-judicial,  the  judge  of 
tlie  admiralty,  as  fuch,  had  no  concern 
therewith ; and  confequently,'  whether  he 
fpoke-truth,  Was  not  a queftion  examinable 
by  the  judge  (no  caufe  being  then  in  court) 
wherefore  it  can  be  no  matter  of  furprize, 
that  he  met  with  no  judicial  reprehenlion. 
As  to  Mr.  Hatley,  many  circumftances  con- 
curred, to  induce  an  opinion  that  he  meant 
ilo  ill : he  unluckily  was  taken  by  furprize 
in  open  court,  when  the  evidence  was  pub* 
Iifhed,  and  was'  quellioned  with  much  fever 
rity,  concerning  an  appearance  of  contempt,- 
which  his  arifwer  to  one  of  the  interrogator 
ri.es  difclofed  : as  a young  and  inexperienced 
_man,  the  judge,  though  offended,  fympa-* 
thized  with  him  for  his  alarming  fttuation,- 
and  he  was  required  to  anfwer  the  interroga-i 
tor y de  novo  et  injlantvr.  The  event  of  the 
- 4 fu-it 


THE  MAN  UNMASKED;  &C;  xo$ 

fuit  did  not  reft  upon  his  evidence  alone, and 
the  court,  being  convinced  that  he  had  no 
intereft  in  the  fuhjed:  in  difpute,  and  could 
have  no  inducement  to  commit  a barefaced 
perjury,  did,  in  tender  compaflion  to  his 
years,  forbear  to  exercife  their  full  rigour 
againft  him  j and  the  rather,  as  inattention* 
more  than  defign,  had  led  him  into  an  em^ 
barrafsment,  which  an  inquifitor  might  have 
availed  himfelf  of,  to  gratify  an  arbitrary 
pajjion  of  refentment*  However  it  was  tho’t 
a point  of  fome  concern,  to  ftigmatize  a raW 
young  man  unufed  to  forms  of  court,  to  ruin 
his  future  reputation  and  fuccefs,  and  to  blafb 
every  fucceeding  year  of  his  life*  by  a public 
adt  of  cenfure  ; fuch  a proceeding  feemed  to 
me  to  favour  of  cruelty , rigour , and  oppref- 
fion : if  therefore  any  part  of  his  conduit  me- 
rited feverer  treatment,  the  judge  erred  from 
a principle  of  humanity,  tendernefs  and  com- 
paffion ; which,  in  fome  natures,  take  fo 
predominant  a lead,  that  thefe  virtues  may 
perhaps  fometimes,  by  their  excefs,  degene- 
rate into  faults,  and  involve  the  perfon  in 
abfurdity  and  error,  .for  in  benevolent  nature^ 
the  impuife  to  pity  is  often  fo  hidden;  that; 
like  an  inftrument  of  muiic  which  vibrates! 
to  the  touch,  it  works  an  immediate  and  in-' 
ftaneous  effedb  Ifhe  world  will  not  howe- 
ver bear  Hard  in  fuch  a cafe  : niercy  is  . a glo- 
rious part  of  the  divine  nature;  and  otr  rnoffc 
cofredt  condudf  will  have  occafiori  for  all  tHe 

O di/penfatioflr# 


1-66  Tt-IE  MAN  UNMASKED,  &c, 

dfipenfations  of  that  heavenly  attribute : let 
any  man  figure  to  himfelf  ai^  auftere  and  ri- 
gid judge,  exerpftng  defpotic  rule  like  an 
Eaftern  prince ; fancy  that,  under  the  colour 
of  ftridt  juftice,  he  feels  for  no  man’s  fuffer- 
ingS,  nor  allows  for  human  weaknefs  ; the 
picture  is  horrid , and  to  defpife  it  we  only 
want  to  fee  it. 

It.  is  plain,  that  Mr.  Laurens  is  for  crying 
aloud  and'  fparing  not  j he  is  for  wielding 
and  exercifing  the  two-edged  fword  which 
does  double  execution.  If  his  fcheme  of 
juftice  gives  him  any  pretence  to  fuperior 
notice,  it  is  much  to  be  feared  that  the 
world  will  be  deceived ; for,  if  he  is  an  an- 
gel, he  is  One  of  thofe  who  deftroy  without 
mercy  at  noon-day. 

Let  the  world  traduce  me  for  my  lenity, 
tendernefs  and  forbearance,  and  my  heart 
will  reconcile  the  cenfure,  by  the  overflow- 
ing and  abundant  comforts  which  pour  their 
aid  into  my  fou),  when  I refledt,  that  the 
God  whom  we  ferve  is  merciful  and  gracious, 
long- f offering  and  of  great  kindnefs. 

As  to  the  ftile  and  manner  of  our  author, 
it  is,  if  poflible,  more  injurious  than  his 
bold  aflertions  : for,  by  the  aid  of  Italicks 
By  an  artful  and  fcarce  perceivable  alteration 
in  the  arrangement  of  my  words  ; by  tortu- 
• ring  particular  expreftions ; and  feparating 
' ffen.tences,  which,  being  taken  together  as 
parts  dependant  Upon  and  connected  with 


THE  MAN  UNMASKED,  &g,  107 


other,  make  the  whole  perfectly  confident  ; 
by  the  artifice  of  fneers  interfperfed  here  and 
there;  by  wire- drawing  certain  words,  fup- 
plying  conjectures  where  faSls  fail. him, mul- , 
tiplying  infinuations  without  end,  and  inr-' 
troducing  fcraps  of  fentences  which  bear  no 
other  relation  to  the  fubjeCt  than  as  being 
incorporated  with  it ; by  arts  like  thefe,  has 
Mr.  Laurens  (with  an  induftry  peculiar  to 
himfelf)  fo  difguifed  the  truth,  that  it  re- 
quires fome  little  attention  to  difcover  the 
deceit. 

The  manifefi:  tendency  of  the  work  is,  to 
expofe  the  judge,  atanyrifque;  and  thede- 
fign  has  gained  fo  great  an  afcendant  over 
our  author’s  mind,  that  his  book  fails  to  fup- 
ply  us  with  one  fingle  benevolent  conftruCtion 
or  charitable  allowance.  He  looks  only  at 
the  dark  fide  of  everything;  and  fits  his 
imagination  for  the  reception  of  monftrous 
and  unnaturul  ideas,  to  his  dilhonour  as  a 
Chrijlian  and  a man.  If  we  are  determined 
to  view  every  matter  through  , a falfe  and  de- 
ceitful mirror,  to  deform  the  fair  afpeCt  of 
truth,  and  give  to  falfhood  the  femblance  of 
it;  the  reputation  and  character  of  any  man 
(be  his  life  ever  lo  exemplary)  mult  Hand 
upon  a perilous  foundation  : the  mofit  facred 
institutions  may  be  reprefented  as  idle  and 
abfurd,  and  there  have  not  been  wanting 


men  who  have  dared  to  ridicule  holy  writ  it - 
; not  a text  has  efcaped  torture , and  the 
" rooft; 


ig8  THE  MAN  UNMASKED,  &c. 

important  truths  of  our  holy  religion  have 
been  made,  by  the  fubtle  artifices  of  men,  to 
fpeak  in  a Jirange  tongue.  Such  writers  are 
the  fcourges  of  mankind;  they  create  un- 
reafonable  jealoufies,  teach  men  to  fufpeB, 
hill  they  learn  to  hate  each  other,  rail'e  un- 
„ neceffary  fears  and  fcruples  in  the  mind, 
found  the  moft  dangerous  alarm,  and  by  de- 
ftroying,  as  it  were,  ^the  original  principle 
of  focial  and  benevolent  affedtions,  lead  us 
unwarily  into  a ftate  of  warfare  with  each 
other : they  flacken  the  powers  of  the  foul, 
and,  by  their  baneful  influence,  difunite 
mankind,  ’till,  by  infenfible  degrees,  the  due 
tone  thereof  is  altered,  and  each  man  finds 
h'imfelf  a brute  in  human  fioape. 

' In  this  ftate,  we  may  perceive  that  the 
different  orders  of  men  are  confounded  toge- 
ther : each  perfon  derides  the  other,  accor- 
ding to  the  various  turn  of  their  thoughts, 
in  all  the  wantoiinefs  of  a diftempered  fancy ; 
drunkards  laugh  at  fober  men , and  fober  men 
at  drunkards ;~  phyficiaris,  lawyers,  priefts 
and  free-thinkers,  are  the  ftanding  fubjedts 
of  ridicule  to  one  another;  the  wife  and  the 
fbolifh,  the  virtuous  and  the  bafe,  all  give 
4nd  return  th t jejl ; and,  in  ftiort,  every  man 
fs  more  or  lefs  governed  by  prejudice  or  paf- 
jfjon  : every  thing  is  fubjedt  to  difguife ; the 
fenfigns  of  ftate,  the  judge  in  his  purple  robe, 
the  bifhop  in  his  lawn  fleeves,  a general  at 
£he  head  of  his  troops  ; all  the  virtues  and 

£ra  Q&t 


THE  MAN  UNMASKED,  &c.  log- 

graces  which  can  captivate  the  heart  or  adorn 
the  man,  may  be  rendered  ridiculous  and  ab- 
furd  y for  only  difguife  any  one  of  thefe  per- 
fons  or  qualities,  by  concealing,  varying,  or 
adding  a circujnftance  that  may  ftj-ike  the 
fancy , and  they  inftantly  affume  new  Jhapes , 
new  names  and  natures. 

Thus  the  virtues  (as  Dr.  Brown  fays) 
when  feen  in  a diredt  light,  attradf  our  ad- 
miration by  their  beauty ; but,  when  beheld 
through  the  oblique  mediums  of  ridicule, 
ftart  up  in  the  forms  of  ideots,  hags  and 
monfters : thus  it  happened  to  the  divine 
Socrates,  who  was  ridiculed  by  the  poet  A- 
rijtophanesy  and  by  the  wickednefs  of  his  art 
rendered  an  objedt  of  contempt : but  the 
truth  was , that  this  Socrates  defcribed  by  the 
poet,  was  fo  difguifed  by  fidtion,  that  it  was 
only  the  fame  name  given  to  a different  cha- 
radter ; he  was  not  the  divine  moralifl  and 
father  of  antient  wifdom. 

The  reader  will  pleafe  to  recolledt,  that 
he  was,  in  the  former  part  of  this  perfor- 
mance, referred  to  certain  letters  \See  App. 
No.  4,  5,  6,  7,  8,  9,  10,  11,  12.]  from  Mr. 
Laurens,  which  he  wrote  in  all  the  genuine 
ftile  of  friendfhip,  many  months  after  the  de- 
termination of  all  the  profecutions  (except 
that  of  the  fhip  Ann;)  and  the  condudt  of 
the  gentleman  will,  it  is  hoped,  appear 
equally  abfurd  and  myjleriousy  in  the  prefent 

inftance. 


mo  THE  MAN  UNMASKED,  &e. 

inftance,.  from  the  papers  which  are  now 
referred  to  in  order  to  fupport  the  charge. 

The  judge  pronounced  his  decree  on  th§ 
9th  day  of  July  la.ft>  when  he  took  occasion 
to  enter  very  largely  into  the  merits  of  this , 
as  he  had  all  along  done  in  the  former  ca** 
fes  i and  a few  reafon's,  feledted  from  his  ge- 
neral arguments,  he  fet  down  in  the  decree 
at  large  ; the  judge  obferved,  in  open  court, 
that  appeals  having  been  lately  preferred  in 
fome  former  cafes  (a  freedom  which  he  thinks 
favours  of  an  affront,  when  the  appellant  ne- 
glects to  profecute  the  fame)  he  therefore, 
being  defirous  to  convince  the  world,  that  it 
is  ever  his  Ready  aim  to  adt  the  upright  part, 
and  profeffing  himfelf  to  be  an  enemy  to  au-  / 
thoriiative  decijions,  which,  by  the  way,  a 
crafty  and  defigning  judge  will  beft  approve, 
.con defended  to  give  the  grounds  and  rea- 
ligns of  his  judgments.  Whether  this  can- 
dour of  the  judge  has  been  properly  requited , 
muff  be  fubmitted  to  thofe,  who  will  take  a 
moment’s  trouble  to  reafon  in  their  own 
minds  upon  a plain  and  fimple  fa<ft,  unen- 
cumbered with  doubts,  and  from  which  as 
clear  a propofition  arifes,  and  as  evident  a 
folution,  as  can  be  found  in  any  of  the  books 
of  Euclid,  to  wit,  the  judge,  without  the 
leaft  referve,  difclofed  his-  whole  reafoning 
upon  the  cafe  of  the  (hip  Ann,  in  the  pre- 
fence  and  hearing  of  five  hundred  perfons  : 
few  judges  leave  themfielves  fo  open  to  the 

cavfs 


THE  MAN  UNMASKED,  See.  m 

cavils  of  mankind  therefore  it  muft  be  do- 
ing violence  to  common  fenfe  and  underfian- 
ding,  to  fupppfe,  that  he  had  any  thing  in 
view  but  to  do  impartial  juftice. 

The  profecutor  exhibited  an  appeal  from 
the  laid  fentence  on  the  nth  of  July,  and 
prayed,  that  a further  day  might  be  afligned 
him,  to  procure  fufficient  and  fetisfadtory  fe** 
curity  to  profecute  the  feme,  and  the  court 
afligned  the  21ft  of  July  for  that  purp'ofe  : 
but  no  fecurity  being  then  offered,  the  appeal 
was  not  admitted  by  the  court. 

It  is  now  time  to  conduct  the  reader  to  a 
mod:  curious  'petitionary  letter  [See  App.  No.. 
27.]  from  the  writer  of  the  extracts,  which 
the  judge  received  on  the  15th  of  July,  fix 
days  before  the  time  fixed  for  Mr.  Roupell 
to  ftipulate  as  is  above  ftated.  Thejudge’:s 
anfwer  is  likewife  added.  [See  App.  No.  27.} 

Can  any  mm  perfuade  himfelf,  that  Mr. 
Laurens  was  offended  with  the  judge  for  his 
decree,  which  he  had  pronounced  only  four 
days  before  ? or,  can  they  reconcile  refent- 
ment,  to  the  humble  and  fupplicating  ftile  of 
his  petitionary  note  ? is  it  not  more  natural^ 
to  conclude,  that  he  meant  only  to  vindicate 
his  own  character,  and  for  that  purpofe,  to 
publifh  a fuitable  detail  of  the  cafe,  in  order 
to  remove  any  fufpicion  which  might  be  in- 
duftrioufly  whifpered  to  his  prejudice, where- 
by his  reputation,  as  a merchant,  might  be 
drawn  into  qusftion  ? If  the  gentleman  edn- 

tends1 


412  THE  MAN  UNMASKED,  && 

tends,  that  his  refentment  was  in  a boiling 
Jlate  againfl  the  judge,  he  proves  himfelf  to 
be  a notable  adept  in  the  myfleries  of  dif- 
guife.  How  formal  his  addrefs ; how  guar- 
ded his  expreffions ; how  cautious  he  is  to 
feve  himfelf  from  even  a fufpicion  of  contempt 
of  that  honourable  court  l and  with  what  a- 
mazing  deference  he  hands , to  this  partial 
judge,  the  name  of  Henry  Laurens  / Now, 
if  any  one  can  in  charity  fuppofe,  that  he 
really  intended  to  publifh  fuch  a work  as  the 
world  is  now  poffeffed  of#  they  . make  the 
tnatter  voorfe  ; for  then,  this  gentle  note  was 
modeflly  intended  as  a Jly  perfuafve  argu- 
ment, to  induce  me  to  give  a fandtion  to  a 
propofed  work,  having  the  femblance  of  what 
was  not  amifsi  under  a difguifed  intention  of 
doing  what  really  ibas  amifs  ; but  obferve  the 
impudence  of  this  hypocriJ'yt  and  the  author 
muff  be  an  obje<5l  of  our  utmofl  deteflation. 
He  prefents  himfelf  on  paper,  in  a fmilirtg 
and  complacent  flile;  and  as  a refpeSlful  pe- 
titioner; implores  his  honour  the  judge,-  that 
he  will  give  him  authority  to  publifh  a fcan± 
dalous  libel  againfl  his  own  decijions. . There  is 
not  a foolijh  confab  ley  or  a licentious  leader 
bf  a.  mob,  in  the  works  of  Shakefpeare,-  or 
an  illiterate  buffoon  on  the  records  of  drama- 
tic compofition,  who  furnifh  fuch  a bare- 
faced and  infolent  requefl.  This  is  a ma- 
fer-f  roke  in  the  conduct  of  our  author  ; 

• which  puts  me  in  mind  of  our  inimitable 

poet 


THE  MAN  UNMASKED,  &c.  113 


poet  juft  mentioned,  who  gives  a fine  picture 
of  a faint -like  hypocrite. 

**  But  then  I figh,  and  with  a piete  of  feriptuW 
44  Ttll  them,  that  God  bids  us  do  good  for  evil « 

**  And  thus  I clothe  my  naked  villainy 
* With  old  add  ends  ftoln  forth  of  holy  writ, 

*♦  And  feem  a Saint,  when  moft  I nlay  the  Devil.  < 

The  judge’s  note  is,  I nope,  decent  aria 
proper  on  the  occafion,  and  ftahds  in  need 
Of  no  comment  to  explain  it : but  that  my 
teaders  may  be  entire  mafters  of  the  whimfi- 
cal  humour  of  our  author,  I can  by  no  means 
forbear  to  give  them  ah  extract  [See  App. 
No.  28.]  from  his  reply  thereto.  The  rules 
of  decency  forbid  me  to  publilh  the  whole, 
and  the  rather,  as  it  contains  matter  foreign 


to  this  point : however,  it  is  neceffary  to  ob-* 
ferve,  that  the  other  parts  of  the  letter  ar t 
grofs  and  virulent  to  the  laft  degree. 

The  world,  with  all  its  follies,  can  fcarce 


equal  this ; and  it  is  hardly  credible,  that  a 
man  fhould,  intone  view,  reprefent  a judge 
as  partial > and  in  another  fitiiation  with  to> 
have  him  for  his  counfel ; abufe  him,  and  fay 
he  did  not  mean  it ; libel  him , and  afk  his  af- 


fcnt  to  the  publication  of  it  j if  we  did  not 
call  to  mind  Solomon's fool , who,  in  a frolic- 
fome  and filly  mood,  caft  fire-brands  and  ar- 
rows arid  death , and  cried  u it  is  in  fiport." 

The  judge  however  voiichfafed  an  anfwcr 
to  this  extraordinary  epiftle  [See  App'.  No. 
29.]  wherein  it  appears,  that  he  adhered  to' 
his  firft  note  (far  as  he  never  writes  without 
deliberation , there  was  no  room  for  d change 

P 6* 


*14  THE  MAN  UNMASKED,  jfcc. 

offentiments)  and  difcovered  a tehderneft 
for  Mr.  Laurens,  which  it  had  been  well  if 
he  had  confulted  in  favour  of  his  friend  * 
and  he  likewife  fcorns  what  he,  page  3 of 
his  reflections,  calls  coaxing*  by  declaring  in 
exprefs  terms,  that  he  had  nothing  to  fear 
-from  any  publication,  but  every  thing  to  hope, 
and  therefore  left  him  to  his  own  guidance 
and  direction.  This  temperate  anfwer  ten-> 
ded  only  to  enflame  our  author,  and  produ- 
ced fo  aftohilhing  a letter,  that  the  judge 
father  cohlidered  him  as  mad,  than  wicked 
through  the  perverlity  of  his  will ; and  on 
'that  Jcore,  in  the  moft  calm  and  cool  terms, 
.returned  him. an  anfwer  [See  App.  No.  30/}; 
wherein  he  trulls  that  he  has  preferved  his 
honour  as  a judge,  his  moderation  as  a man;  • 
and  his  forbearance  as  a friend  to  one  whom 
he  was  allied  to  hy  marriage  with  his  niece, 
and  with  whom  a clofe  intercouHe  of  friend- 
ship had  for  many  years  been  kept  alive. 

This  ftrange  correspondence  was  clofed 
before  'the  meeting  of  the  court  of  admiral- 
ty, on  the  2 1 ft  of  July  agreeable  to  an  ad- 
journment, for  the  purpofe  of  taking  Mr. 
Roupell’s  ftipulation  to  profecute  the  faid 
appeal.  Perhaps  there  are  few  judges  whole 
temper  and  diferetion  would  have  influenced 
them  to  act  fo  tenderly,  after  the  many  re- 
peated infuits  which  he  received  at  the  hands 
©f  Mr.  Laurens,  and  that  ‘ too  previous  to 
the  certificate  of  probable  canje,'  which' was 

completed 


the  MAN  UNMASKED,  &c.  n j 

v ' * * * * 1 A 

completed.  on  the  21ft  day  of  July  only,  and 
was  fubfequent  to  the  date  of  our  author’s 
letters,  though  he  exp  refled  indeed,  at  the 
time  of  pronouncing  the  decree,  that  he 
fhould  certify  probable  caufe. 

Such  letters  favour  ftrongly,  of  an  attempt 
to  deter  the  judge  from  his  proper  duty  : 
and  the  author  might  havefmarted  for  them 
ill  the  hands  of  a lefs  temperate  man. 

That  people  in  general  entertained  no 
fuch  unfavourable  impreflions,  either  of  the 
judge’s  conduit  orjuftice,  one  of  our  moft 
popular  printers,  in  his  account  of  the  de- 
cree, fubjoins  thefe  words,  “ every  court 
“ held  upon  this  caufe  of  great  expectation  was 
<e  remarkably  crouded , and  the  equitable  decree 
“ of  the  judge  feems  to  have  given  general  fa- 
“ tisfaCtion.  ” I do  not,  by  any  means,  con- 
tend, that  the  ideas  of  all  men  are  centered 
in  thofe  of  the  printers ; but  it  is  not  too 
much,  to  fuppofe,  that  the  general  opinion, 
fo  far  as  he  was  able  to  colleit,  fpoke  the 
language,  of  his  paper  : fuch  flagrant  inju- 
stice as  the  author  infinuates,  maft  have  af- 
fected every  hearer;  for,  though  all  were 
not  lawyers,  yet  moft  men  of  tolerable  fenfe 
have  the  general  rudiments  of  juftice  feated 
in  their  hearts,  fuffiiient  to  point  nut  to 
them  any  glaring  aits  of  injury  or  oppref- 
fion  : but,  to'  confirm  the  printer’s  opinion, 
fames  Parfons,  Efq ; one  of  ‘Mr.  Laurens’s 
counfel,  having  fome  occafion  to  call  upon 

“ * ' the 


fie-  THE  MAN  UNMASKEP,  &c. 

the  jndge,  about  an  hour  after  he  pronoun- 
ced his  decree,  took;  the  opportunity,  in  very 
warm  terms,  to  compliment  him  thereon,  by 
affuring  him,  that  both  Mr.  Pinckney  and 
hfmfelf  had  converfed  together  on  the  fub- 
je<ft,  and  they  agreed ‘with  the  judge,  in  hi$ 
conftru<ftioq  of  the  ffatute  on  which  the  in- 
formation was  grounded  (though  in  their 
arguments  they  contended  for  a different  one) 
and  he  alfo  intimated  to  him,  that  he  belie- 
ved it  was  a very  juft  and  equitable  decree, 
and  that  no  perfons,  unlefs  the  parties  them- 
ielves,  would  be  disfatisfied  therewith.  The 
judge,  no  doubt,  received  this  account  with 
pleafure  and  fatisfadlion ; and  nothing  fur- 
prized  him  fo  much,  as  to  hear  afterwards, 
that  Mr.  Laurens  had  conceived  a different 
opinion;  many  people  likewife  expreffed 
the  fame  aftonifhment,  and  were  at  a lofs 
to  account  for  the  caufe  of  our  author’s  dif- 
content. 

That  people  were,  In  general,  impreffed 
with  very  favourable  notions  of  the  equity 
and  juftice  of  the  judge’s  decree,  appears 
ftill  further,  by  a republication  of  the  decre- 
tal part  (as  taken  from  Mr.  Timothy’s  ga- 
zette, which  likewife  contained  Mr,  Laurens’s 
ftate  of  the  cafe)  in  a Bofton  paper  of  the 
15th  of  Auguft  laft,  wherein  fome  perfon, 
under  the  name  of  Publicola,  makes  honou- 
rable mention  of  the  judge  and  his  decree; 
[See  App.  No.  30.]  but  to  whom  he  is  in- 
debted 


THE  MAN  UNMASKED,  &c. 

deb  ted  on  the  occafion  he  is  altogether  a 
Granger,  having  fcarce  any  acquaintance  in 
that  quarter.  Now,  were  we  on  the  regu- 
lar trial  of  a reputation,  fuch  loofe  fcattered 
evidence  would  not  avail : but  if  we  confi- 
der  the  nature  of  the  prefent  attack,  that  it 
is  made  by  Mr.  Laurens  (a  part  owner  of 
the  veffel) ; that  he  is  a merchant,  and  there- 
fore to  be  fuppofed  little  /killed  in  the  deep 
fcience  of  the  law  ; that  his  direct  aim  is 
nothing  lefs  than  the  ruin  of  a whole  family, 
upon  his  own  apprehenfons  of  .law  and  juftice, 
upon  furmtfes  only , and  the  moft  foreign  and 
uhjujl  conjectures-,  and  no  man  furely  will' 
admit  Mr.  Laurens  to  give  evidence,  without' 
receiving  the  unbiaffed  teftimony  of  an  in- 
different perfon  in  favour  of  the  judge’s  fen- 
tence  : as  both  are  equal  in  point  of  confe- 
quence,  fo  the  declaration  of  the  one,  may 
properly  be  oppofed  to  that  of  the  other. 

In  the  prefent  cafe,  and  alfo  in'  that  of 
Mr.  Moore,  the  judge  of  the  admiralty  tho’t 
it  prudent  to  lodge  a true  copy  of  both  de- 
crees in  a friend’s  hand  in  London,  as  he 
had  reafon  to  fufpedt  the  parties  would  mif- 
reprefent  the  cafes,  either  through  ignorance 
or  defign ; and  he  has  in  his  poffeffion,  let- 
ters acknowledging  the  receipt  of  thofe  de- 
crees, which  fpeak  of  them,  from  the  mouths 
of  certain  perfons  of  the  firft  rank,  in  high 
terms  of  honour  and  refpeft,  and  nothing 
but  the  want  of  their  permiflion  withholds 


. THE  MAN  UNMASKED,  &c. 

jq4ge  from  publifliing  their  names  as  well  as 
their  words. 

_ The  book  of  extracts  and  remarks,  whicli 
deals  forth  half-truths  diminilhed  or  exag- 
gerate^, is  ^.performance  without  exception 
grounded  upon  an  open  principle  of  malice ; 
and  every  one  who  reads  it  muft  naturally 
fuppofe,  that  the  author  had  exhaufted  his 
ffcore  of  fcurrilous  inventive,  that  the  meafure 
of  his  wrath  had  been  abundantly  fupplied, 
jnay,  that  it  hadbeen  preffed  down  and  running 
over,  and  therefore  we  could  not  reafonably 
expedt  to  fee  any  thing  more  from  the  pen 
of  this  plodding  author ; the  gentleman  how- 
ever, encouraged  perhaps  - by  fome  fhort- 
fighted  correfpondent,  that  his  fcraps  might 
bring  about  fome  regulation  in  the  proceed- 
ings of  American  courts  of  vice-admiral ty, 
became  inflamed  with  the  idea,  fo  enraptu- 
red with  the  thought,  and  fo  tranfported, 
that  he  ihould  be  the  happy  inftrument  of 
working  fo  great  a . reformation,  that  he  fent 
a moft  extraordinary  paragraph  [SeeApp.  No. 
32.]  to  Mr.  Crouch,  which  was  inferted  in 
his  paper  No.  169,  dated  the  28th  of  Fe-' 
bruary  laft,  about  five  days  after  the  publi- 
cation of  hh  Jbameful  book.  The  author, 
makes  tile  merchants  of  Briftol  fpeak  a lan-^ 
guage,  concerning  the  proceedings  and  fen- 
tences  of  one  of  the  King’s  judges,  as  would 
fix  both  odium  and  difgrace  on  any  private 

oerfon.  A -little  objcure  went  in  South- Caro- 
* ~ . 1 


THE  MAN  UNMASKED,  &c.  n? 

lina,  tranfriHts  an  ex  parte  detail,  of  what 
he  does  not  underhand,  to  fome  merchants 
in  the  city  of  Briftol ; and  they,  according  to 
his  account,  relying  folely  on  his  relation  of 
the  matter,  without  enquiring  further,  with- 
out any  opportunity  afforded  the  judge  to  be 
heard  upon  the  fubjeft,  become  inftantly  in- 
spired with  a fenfe  of  his  bafenel's  and  inju- 
stice, -and  thereupon  determine,  to  purfue 
fuch  meafures,  to  make  a full  reprefen  tation 
of  the  whole  of  that  iniquitous  affair,  as  will 
probably  bring  about  fome  regulations  in 
thefe  courts.  No  man,  in  his  proper  fenfes, 
can  entertain  fuch  difhonourable  thoughts  of 
fo  refpeftable  a body  ; fuch  expreffions  can 
only  be  applied  when  faCts  are  proved  : God 
forbid,  that  a judge,  or  any  other  man,  fhould 
be  tried  by  the  proudeft  corporation  in  the 
kingdom.  I refpedt  all  bodies  and  focieties 
of  men,  and  I honour  every  perfon  when  he 
fupports  the  duty  and  character  of  his  ha- 
tion  : but  if  an  aggregate  body  of  men  de- 
part from  ttae  eternal  laws  of  juftice,  I am 
bold  to  deny  their  authority,  and  to  queftion 
their  proceedings  ; I 
felf  within  the  law 
handing  upon  that  ground,  with  a good  con- 
fcience  and  a hrong  conviction  of  the  inte- 
grity of  my  heart,  I challenge  the  whole 
World  to  begin  their  attack  with  all  the  fury 
in  their  power,  for,  when  a fine  fenfe  of  ho- 
nour, and  an  inward  confcioufnefs  of  virtue, 

\ fuch 


inftantly  entrench  my- 
3 of  my  country,  and 


tio  THE  MAN  UNMASKED,  ka  " 

fuch  as  ought  ever  to  diftinguilh  the  judge's 
ftation ; when  juftice,  truth  and  equity  have 
Heeled  the  mind  on  every  fide , we  are  invul- 
nerable on  every  fide  : I am  not  to  be  moved 
x>r  alarmed  by  numbers,  or  the  pageantry  of 
Hate  : if  the  merchants  of  Briftol  have  gone  i 
fo  far  as  our  author  reprefents,  they  have  not, 
in  my  poor  opinion,  a£ted  a wife  or  becom- 
ing part ; and  I {hall  be  induced  to  agree  in 
fentiments  with  my  lord  Bolingbroke,  ih  one 
„ of  his  letters  to  dean  Swift,  that  “ all  cor- 
porations of  men  are  perpetually  doing  injufitce 
to  individuals.  I have  often  reflected  (conti* 

- hues  his  lordlhip)  from  what  caufe  it  arifes  1 
know  nol , ihat  the  majority  of  a fociety  are 
honefi  merit  and  would  aBfeparately  with  fome 
humanity  and  according  to  the  rules  of  mo- 
rality, yet  conjundlively  they  are  hard  hearted 

■ in  jhort , there  is  no  corporation  to  he  ex - 
ceptedont  of  this  general  rule , but  the  two  hou <•> 
fes  of  parliament , and  all  ajfemblies  of  divines 

wherefoever  difperfed  through  the  Chrijhan 
world.,  ” Notwithflanding  the^greaf  autho- 
rity iA  fupport  of  fu-ch  a fentiment,  1 cannot 
perfuade'  myfelf  of  the  truth  thereof,  in  the 
generality  of  his  lordtfiip’s  words,  and 

■ therefore  it  is  firmly  my  opinion,  that  as 
the  man  would  fhip wreck  the  judge’s  repu- 
tation, fo  to  gratify  his  darling  pafiiori, 
he  would  put  any  words  whatever  into  the 
mouths  of  the  Briftol  merchants,  who  cer- 
tainly will  (inthisjigewlien  the  love  of  dc- 

\ -*  ' ceivirig 


THE  MAN  DNMASKED,  B&t  iii 

ceivirig  a man’s  felf  is  fo  favourite  a paffionj 
fend  their  friend  Mr.  Laurens  the  freedom 
of  that  city,  1ft  a gold  box , with  an  elegant 
Ertglilh  irifeription  fuited  to  the  fubjedL 
Whether  our  author  has  dieted  properly,  fd 
as  to  entitle  him,  at  fome  future  day,  to  any 
rank  in  the  city*  is  rather  foreign  to  my  pFe-; 
fent  enquiry  : I fhall  therefore  add  a word- 

or  two.  Upon  the  bale  tendency  of  the  pa- 
ragraph itfelf ; as  alfo  eonfider  the  author's 
patriotifm  by  his  work  j with  a few  obfbrva- 
tions  upon  the  term  “ liberty  of  the  prefs . " 
Anger  and  refentmeftt,  malice  and  revenge 
have  clearly  taken  the  dominion  of  our  au- 
thor’s foul)  and  his  conduit  has  difeovered 
a weak  and  impotent  mind,  toffed  to  and 
fro  by  every  fpirt  or  gale  of  the  paffions, 
without  the  leaft  aid  of  reafori  to  controuli 
regulate  or  dire 51  them.-  In  order  to  com- 
pafs  the  favourite  point  Which  he  has  in  view, 
(the  ruin  of  my  reputation,  peace  aftd  happi-' 
nets)  he  hangs  me  up,  as  it  were  in  chains , 
as  a fpedtacle  to  all  mankind ; he  endeavours 
to  perfuade  the  world  to  combine  and  con*-1 
federate  again  ft  me  j he  publifhes  my  dif- 
grace,  Upon  his  own  tefiinonyi  circulates  it 
through  the  ehannelof  a news-paper,  thefe-  ~ 
by  outl  awe  ring  me  as  it  were*  without  trial  j 
without  procefs  of  IdWi  againft  magna  cbdt*- 
td  and  every  valuable  right  which  the  tiiedri* 
ejl  fuhjeit  in  his  Majefty’S  dominions  glories 
and  delights  in,  This  is  the  tendency  Of  his 


if  2, .THE  MAN  UNMASKED-,  kc.  - 

b^ok;  and  the  above  fcrap  of  intelligence  rsh 
the  confirmation  of  it.  When  we  feel  a 
ftpne,  we  conceive  an  idea  of  bardnefs , when 
ice  of  coldnefs , when  fire  "of  heat ; but  the 
n\an  who  fludi'es  himfelf,  regulates  his  mind, 
a^ts  the  phijofqphcr  by  acquainting  himfelf 
with  himfelf,  looks  down -with  a noble,  con- 
tempt upon  the  common  accidents  of  life, 
and  the  perfections  of  wicked  men,  and 
feels  thole  imprefiions  only,  which  not  the 
qualities,  oi  xktfe  things,  but  of  his  own  heart 
communicate  to  him.  The  bulk  of  mankind 
would  yield  perhaps  to  the  attack  of  calum- 
niating tongues  ; but  wdien  the  records  of  the 
foul,  thofe  eternal  monunients  of  truth, 
make  a fair  report,  the  ignominy  which  flan- 
der -would  caff:  Upon  fuch  a man,  fo  inward- 
ly fortified,  and  fo  glorioufiy  fupported,  re- 
mains with  the  perfon  who  pcrfecutes  unjujlly> 
not  with  him  who  fuffers  a wrongful perjecu- 
.tion-A:  . fuch  injuries  flrengthen  a wife  man’s 
jnind',  he  grows  majeftic  and  intrepid  in  mif- 
fortunes,  and  if  by  cruel  combinations,  or 
the  tyranny  of  power,  lie  falls  from  afi  exal- 
ted ftation,  he  becomes,  like  the  temples  of 
the  Gods,  venerable  even  in  his  ruin. 

„ l have  been  told,  that  feme  men  have 
ltfokecbupon  our  Author’s  pamphlet  with  an 
eye -of  favour,  as  attributing  the  defign  to  a 
worthy  motive ; and  a few  perfons  have  been- 
idle  enough  to  believe,  that  Mr.  Laurens 
was  induced  to  take  up  the  pen  upon  a pub- 


<FI5E  MAN  tJNMASKED*  -See, 

lie' principle;  in  ofderto  get  rid  fif rpoffibldj 
of  a court,  whofe  jiirifdidtion  is  faid  to  b4 
extended  beyond  its  proper  limits : if  theft 
were  his  views,  the  means  are  ill  adapted  to 
the  end ; for  it  is  onO  thing,  to  arraign  the 
juftice  of  the  judge,  and  another,  to  attacli 
the  conftitution  of  his  court.  The  latter 
point  ftands  independant  of  the  former*  - and 
it  was  by.no  means  neceffary,  to  pillage  the 
judge  of  his  reputati&n,  in  order  to  eftablifli 
any  pofition  which  refpecSted  the  jurifdidtion 
of  the  admiralty  court;  When  feiziires  ate 
made,  and  profecutions  commenced  by  the 
proper  officers,  the  judge  is  prefumed  to  be 
totally  indifferent  to  the  parties  in  difpute*; 
charity  fuppofes  like  wife,  that  he  is  influ- 
enced' only  by  an  awful  fen-fe  of  his  duty, 
fince  his  juftice  is  fecured,  as  it  were,  by 
the  folemn  obligation  of  an  oath  : and  tho’ 

a particular  jurifdiction  may  not  be  relifhed 
univerfally  by  the  fubjedt,  it  by  no  means 
follows,  that  the  perfjn  who  prefides  there- 
in, is  loft  to  all.  fen fe  of  honour,  fidelity  and 
duty  : th & p erf onal  attack  therefore  proves  de- 
naonftrably,  that  the  author’s  motives  do 
not  fpring  from  a genuine  and  uncorrupied 
fountain  ; that  it  is  not  patriotifm,  but  pri- 
vate pique,  7nalice  and  revenge,  which  have 
prompted  the  meafure  : for,  grant  that  ever^ 
one  of  his  remarks  on  the  feveral  decrees  are 
unanfwerable,what  does  the  fadt  truly  prove.? 
the  wjujlice  oj  the- judge  y but  it  can  never  o- 
/ perate 


\n  TOT  MAN  UNMASKED, 

pcj-ate  as  an  argument,  that  the  court  itfelf 
Ihould  be  aboliftiqd;  as  well  may  we  con* 
tend,  that  the  conviction  of  a Lord  Bacon 
and  Lord  Macclesfield , for  corruption,  or  malr 
adminiftratien  in  the  high  court  of  chancery 
(where  the  chancellor  is  a foie  judge)  (hould 
influence  the  legiflature  to  take  away  the 
power  of  the  court  itfelf,  as  to  fay,  that  the 
error  or  injustice  of  a judge  of  the  admiral* 
ty  is  a reafon  for  aboliihing  his  inferior  ju* 
rifdiCtion,  The  abufe-  of  power,  is  no  a>  gu* 
ment  for  withdrawing  it  altogether  ? in  this 
(late  of  imperfeCfion,  every  inflitution  will 
peceflarily  partake  of  the  general  inflfmity 
"which  marks  all  the  works  and  moil  perfea 
operations  of  frail  men.  If  the  conduct  of  a 
judge  renders  him  obnoxious,  try  him,  and 
follicit  his  removal;  withdraw  the  power 
which  he  poflefles,  and  prevent  him  from 
all  further  aCts  of  tyranny,  injuftice  or  Qp~ 
preflion.  When  the  Qorinthiaris.  hehaved 
themfelves  unfeemly,  upon  a facred  occa» 
{ion,  their  conduct  was.  duly  reprehended, 
and  their  evil  practices  were  held  in  ahhor? 
rence  and  contempt : no  human  {kill  or  por 
licy  can  do  more,  either  in  reafon  or  juftice ; 
evils  demand  remedies,  hut  the  exjftence  of 
them  in  a {late  of  fociety,  is  no  argument, 
that  mankind  (hould  refolve.  themfelves  into 
a fiats  of  nature, 

* From  this  view  of  the  cafe,  it  follows,  as 
U concejfum*  that  the  reafons  which  muft  in-? 

duce 


the  MAN  UNMASKED,  &c.  125 

duce  our  fuperiors  to  abolifh  any  particular 
inftitution,  or  order,  cannot  poffibly  be  of  a 
perfonal  nature,  but  muft  immediately  relate 
to  the  thing  itfelf,  and  be  independant  of  the 
minifters  or  officers  who  execute  the  duties 
or  fun&ions  of  their  Rations,  The  laws 
therefore  which  give  the  j urifdi&ion,  and  the 
policy  and  principles  which  prevail  and  go- 
vern the  practice  and  proceedings,  ought  to 
have  been  the  foie  obje&s  of  our  author’s  at- 
tack : had  he  purfued  this  method,  confined 
himfelf  to  the  conftitution  of  the  court,  en- 
larged upon  the  rights  of  his  fellow-  fubjedts, 
pointed  out  defeats,  propofed  remedies  and  v 
amendments,  treated  the  fubje&  upon  a large 
and  comprehenfivc  plan,  deduced  his  argu- 
ments from  the  origin  and  foundation  of  our 
Jaws,  (hewed  wherein  our  fuperiors  had  de- 
parted from  firft  principles,  difeufied  the  evil  ' 
tendency  thereof,  and  afierted  with  manly 
freedom  the  peculiar  immunities,  rights  and 
privileges  of  Britifh  and  American  fubjedts, 
the  work  might  have  been  ufeful,  as  well  as 
entertaining  y and  J think  no  perfon  of  com-* 
fnon  charity  and  good  nature,  much  left  any 
true  friend  to  our  happy  conftitution,"  would 
have  dared  to  queftion  the  motives  of  the 
tnan ; fuefi  labours  muft  furely  have  been 
feafoned  with  a fpirit  of  patriotifm  and  pu- 
blic virtue  ; the  manifeft  defign  of  the  work 
muft  have  explained  the  writer’s  motives ; 
hut  when,  we  read  a book  fluffed,  with  held  and 

dejtyerate 


326  THE  MAN  UNMASKED,  &c. 

defy er ate  inventive-,  when  we  find;  upon  a 
perufalof  It,  .that  the  grand  aim  is,  to  prove 
the  judge  a villain,  and  two  officers  of,  the 
.cuftoms  perjured ; when  to  compafs  thefe 
finds,  the  author  exercifes  every  art  of  difin-r 
genuity,  by  looking  on  the  dark  fide  of  even- 
ly ■ thing,  drawing  the  mod;  unnatural  conr 
clufions  from  fictitious  premifes,  tranfpofing 
.words  and  uttering  downright  falffioods; 
when  the  fentences  of  the  man  are  traduced 
jand  blackened,  and  the  court  itfelf  is  only 
mentioned  by  the  byey  and  ufed  as  a majk  to 
/difguife  the  manifeft  wickednefs  of  the  wrir 
.ter’s  heart ; every  man  makes  himfelf  an  ac- 
jceffary  to  the  facts,  by  giving  countenance  to 
the  author  of  them.  Let  us  try  fuch  cafes  by 
tall  the  circumftances  and  concomitants  which 
attend  them  ; let  us  feparate  ideas,  and  fuffer 
tione  to  put  a falfe  glofs  on  others;  and  then 
it  is  impoffible  that  we  can  remain  long  in 
fufpehce,  what  the  true  principles  of  his 
conduct  are.  The  fubjedt  is  wholly  perfonal, 
it  is  altogether  treated  in  that  light ; revenge 
is  .the  burthen  of  the  fong.  How  then  can 
any  fet  of  men  perfuade  themfelves,  that  pu- 
blic virtue  is  rhanifeffed  by  the  gratification 
of  private  cenfure  l how  comes  it,  that  more 
than  three  parts  out  of  ;four  of  the  human 
fpecies,  take  delight  in  being  duped  and 
laughed  at  by  the  other  ? Let  j\lr;  Laurens 
confult  the  movements  of  his  foul,  examine 
lenogfly  tile  Jfate  of  his  own  heart,  commune 

with 


i THE  MAN  UNMASKED,  &c.;  i If 

wfth  himfelf  in  fecret,  and  be  fill ; and  if  I 
h?fve  a fingle  grain  of  judgment,  he  will  ei- 
ther pafs  fentence  upon  himfelf,  or  tremble 
with  horror,  that  he  cannot  deceive  the  fear - 
cher '-of  hearts , and  that  a day  will  come,  when^ 
hy'pocrify  rnuft  drop  its  fpecious  difguifes , and 
truth  will  aflert  his  abfolute  controul.  Can 
any  one,  who  is  at  all  acquainted  with  the  ver-  - 
futility  and  ficklenefs  of  our  author’s  conduct, 
or  has.  traced  him  through  all  his  'windings , 

- Jlopes,  and  intricate  meanders , fuppofe  that  he 
is  adding  the  part  of  a patriot,  when  he  be- 
gan the  very  work  which  is  meant  to  efta- 
blifh  that  charadter,  under  the  mold  inveterate 
fit  of  paffi.on,  anger  and  nefentment  ? Is  it- 
poffible  for  thofe  perfons,  who  have  known  : 
him  from  a boy,  and  whofe  temper,  they  can- 
not but  recoiled!,  has  ever  been  violent , fm~  : 
placable , vindictive,  objlinate  and  perverfe , to  be 
led  away  by  a few  captivating  wrords,  and  be  „ 
fo, ready  to  yield  up  their  underftanding,  judg- 
ement and  experience,  to  an  artful  conjecture ' 
or  fnrtnifel  ' Such  men  there  are  and  ever 
will  be  (though  I trull  they  are  few  in  num- 
ber) w'hofe  partiality  to  their  friend,  too  of-* 
ten  prevails  on  them  to  aft,  as  they  frequent-'; 
ly  do  in  their  own  private  concerns,  by  a- 
voiding  an  examination  of  all  accounts , left 
the  flated  balance  fhould  hurry  on  their  bank- 
ruptcy, ruin  and  difgrace. 

The  late  judge  of  the  admiralty,  or  his 
fentences,  are  cn  no  fcore  fubjedts  which 
, 4 ''  can 


i THE  MAN  UNMASKED,  k<£. 

can  pofTibly  engage  the  attention  ofmankincL 
Of  what  moment  is  our  prefent  difpute  to 
the  neighbouring  provinces  ? hoW  are  they 
interefled  in  Or  affected  by  it  ? what  can  Mr. 
Laurfens  mean  by  his  cruel  aftd  intemperate 
condii£t  ? He  courts  popularity,  art  idol  which 
hfts  beericareffed by  more  fcotfndrels  than  men 
of  honour  fitice  the  floods  and  which  they 
have  too  often  engaged  to  be  of  their  party  $ 
merely  to  veil  their  truth  deje£lsf  varnijh  over 
their  own  foibles  i and  deprefs  that  merit  which 
they  cannot  eqtidL  If  the  difference  then,  is 
partial,  perfbnal,  and  local,  wherein  does 
- the  author's  public  fpirit  in  the  prefent  cafe 
confiff  f From  all  circumftances,  I am  welt 
convinced,  that  he  flattered  himfelf  with  an 
cafy  and  a glorioits  triumph  5 he  had  fome 
teafbn  to  hope,  that  the  judge  would  treat 
his  performance  With  contempt,  and  with- 
hold an  anfwer  to  his  libel  y hopes  which,  I 
doubt  not,  fitggefted  to  his  mind:  fuch  amu- 
fing  fentiments,  as,  I think  if  probable,  he 
uttered  in  the  terms  which  i have  already 
put  into  his  mouth,  by  a foliloquy,-  tolera-* 
bly  adapted  to  the  reafoning  and  genius  of 
■ the  mam 

This  wretched  author  has  difee vered,  by 
his  conduct,  a certain  degree  of  vanity,  which 
is  equalled  only  by  his  invincible  impertinence  i 
Upon  the  publication  of  the  extracts,  he  fenf 
them,  as prefents , to  many  refpedtable  perfons 
in  England  and  America,  by  which  fatal 

ftep 


f HE  MAN  UNMASKED,  &c>.  i Sijf 

flep  he  has  effectually  publiihed  this  doubt 
to  all  mankind,  whether  his  brutality , igno- 
rance or  folly  are  moft  eminently  glaring .* 
Many  cities  are  faid  to  have  contended  for1 
the  birth-place  of  Homer*  and  more,  I am 
Confident  would  difpute  the  prefent  queftion 
if  he  was  a man  hf  eminence  or  weighty  tho’ 
I have  reafon  to  believe*  that  the  controver- 
fy  will  end  in  one  general  conclufion,  againft 
the  author’s  principles  and  virtues,  as  a fub - 
Jett,  a citizen y a Chrijliany  and  a man: 

' It  is  amazing  to  me,  that,  his  courage  did 
not  fail  him  in  fo  gfeat  an  enterprize.  Mr* 
‘Laurens  muft  know,  that  neither  his  educa * 
tion,  or  firjl  plan  of  trade , which  I do  not 
mean  to  fneer  at  becaufe  it  was  mechanical , 
give  him  very  (lender  ptetenfions  to  fet  up 
ats  a dilator  or  rej or ?ner  j efpecially,  when 
we  call  to  mind,-  that  there  are  many  able 
‘men  upon  this  continent,  whofe  pens  havd 
done  them  credit,  arid  therefore  the  colonies 
are  not  deftitute  of  advocates  to  afiert  their 
: rights*  with  more  ability  atnd  force,  than  oiir 
extract  author  gives  us  reafon  to  expert,  from 
the  fpec'irfien  ulhered  into  the  world  by 
vid  Bruce, ' the  printer. 

It  is  but  of  late*  t%,at  I have  fufpeCted  oiir 
‘ author  of  vanity  and  felf-intoxication  ; and  as 
few  people  have  met  with  more  fenfible  mor- 
tifications than  himfelfy  my  attention  has 
been  very  much  engaged*  to  determine  the 
true  eaul'e  and  motive  of  his  being  fo  Well 

_ 1 R fatisfied 


x3o  THE  MAN  UNMASKED*  &c. 

Satisfied  with  his  own  fender  portion  of  ptrJ« 
feftion.  After  fome  farther  ftudy  and  exami- 
nation, I have  obferved,  that  almoft  every 
man  in  town  accofts  him  in  terms  of  the 
moft  cordial  falutation  \ the  fame  people  per- 
haps neither  regard  or  refped:  him  : but  it 
" may  be  faid,  how  can  this  conduit  be  recon- 
ciled to  their  fenie  or  underftanding,  or  even 
to  the  forms  of  their  addrefs  ? in  this  dilemr 
ma,  I inftantly  applied  myfelf  to  find  out 
their  principle  of  aition  : they  meet  him, 
’tis  true,  with  pleafant  countenances,  be- 
caufe  they  fear  him  y they  know  that  he  ne- 
ver wages  a difpute,  but  the  ruin  of  his  an- 
tagbnift  is  the  motto  of  his  banner ; and  I 
-will  take  upon  me  to  fay,  that  few  mpn 
Jpeak  to  him  with  freedom  out  of  love  and 
ejleem*  but  becaufe  they  are  fearful  to  offend. 
If  it  be  a man’s  favourite  paffion  to  wage  e- 
ternal  war,  and  with  the  fame  degree  of  bit- 
terfiefs,  whether  the  caufe  of  a difpute  is  a 
cargo  of  rice  Or  a barrel  of  pitch*  and  that 
hofilities  muft  at  all  events  be  carried  on  with.' 
-the  fame  vehemence,  whether  the  fubjeib 
be  f feat  her  or  a jewels  every  man,  who  ten- 
ders his  own  peace  and  happinefs,  will  na- 
turally facrifice  many  little  points  to  a per- 
-fon  of  that  froward  difpoftion,  nay,  they  will- 
cvenftbmit  to  and  patnper  his  humours,  ’till- 
the  man  himfelf  is  inwardly  perfuaded,  that' 
fiach  conceffions  are  the  tributes  of  veneration 
2SPi&efteem*> 


THE  MAN.  UNMASKED,  ,&c.  13  j 

Grant  that  the  late  judge  has  been  mifta- 
ken  in  his  law,  in  fome  part  or  other  of  his 
federal  decifions  (though  he  is  not  confcious 
of  it)  the  conceffion  only  proves  the  fallibi- 
lity of  human  judgment  y for,  as  Sir  Edward . 
.Coke,  in  his  argument  iri  Wraynham’s  cafe, 
obferves,  “ if  a man  according  to  fncerity  give 
Judgment , though  he  differ  from  another  judge, 
this  is  no  injujlice.  The  famous  Dyer  gave 
judgment  in  the  common  pleas,  and  this  was  re- 
verfed  in  the  king' s- bench,  yet  he  difeharged  his 
/confcience,  and  although  it  was  afterwards  re- 
verfed,  yet  it  yeas  no  injujlice . The  King  hath 
the  pleas  of  the  crown , an4  upon  every  judg- 
ment one  of  the  parties  is  angry  and  difp leafed, 
but  thjs  mufi  not  produce  a new  hearing,  for 
that  will  hinder  all  other  bufneffes. 

I come  now  Jto  fay  a word  on  the  Liberty  of 
the  Prefs.  No  man  can  deny  that  every  fab- 
led! in  a free  ftate,  has,  a^d  Qught  to  have,  a 
' right  to  examine,,  with  a true  fpirit  of  free- 
dom (but  not  to  ufe  the  lame  as  a cloak  of 
malicioufnefs ) all  public  meafures,  for  the  fake 
of  giving  due  information  to  their  fellow  fub- 
jedts,  in  points  wherein  their  rights  and  li- 
berties may  be  violated  : but  if  there  is  a cafe 
which  can  pofllbly  be  confidered  as  excepted 
from  this  general  right,  it  ought  to  be  that 
of  fabordinate  judges  ; for,  as  the  parties 
may  appeal  from  their  fentences,  the  injury, 
if  any  will  be  redreffed  in  due  time  ; but,  if 
hi?  is  flowed  to  publifa  his  comments  on  the 

tr&ifadtiou$ 


132  THE  MAN  UNMASKED,  &c. 

tranfadtions  of  a court  of  juftice,  the  judge’s 
office  will  foon  become  a burthenfome  em- 
ployment, and  fuch  a fpecies  of  liberty  of  the 
prefs  will  effectually  deftroy  that  conftitu- 
tion  which  it  was  intended  to  preferve.  jLz- 
hertas  non  ejl  licentiay  fays  Tacitus,  that  great 
friend  and  patron  of  liberty  : vague  and  cruel 
reproaches,  charges  and  criminations,  tend 
only  to  provoke  and  inflame,  againft  the  ve- 
ry intent  of  printing,  which  is,  or  ought  on- 
ly to  be,  rightly  to  inform , as  well  as  to  re- 
form. How  then  can  any  advocate  of  true 
freedom,  take  pleafure  in  reading  a news- 
paper which  contains  fo  bafe  a paragraph  as 
that  which  has  lately  undergone  our  contem- 
plation ? Is  it  fit  or  reafonable,  that  men  of 
warm  and  turbulent  paffions  fhall  vent  their' 
anger  and  refentment  againft  others,  in  a 
paper  calculated  for  the  innocent  amufement 
of  mankind  ? Shal}  it  be  laid,  that  a court 
of  j uftice  ought  to  be  expofed  to  attacks  of 
fuch  a nature,  and  through  fuch  a channel  ? 
Does  obloquy  like  this,  promote  the  caufe  of 
truth  ? Js  tfie  decus  et  tutamen  of  govern- 
ment to  he  affailed  by  petulance,  or  expofed 
to  the  cafual  and  accidental  prudence  of  a 
printer,  yvho  is  in  hafte  to  give  his  readers  a 
yveek’s  cojuplement  of  pews  ? Shall  fuch  a 
perfon,  in  defiance  of  all  law,  pafs  unnoti- 
ced, and,  inftead  pf  meeting  with  negledl, 
be  countenanced,  fupported  and  protected  ? 
§hajl  fuch  a prefs  be  the  vehicle  for  private 

Hander  £ 


THE  MAN  UNMASKED,  &e.  i33 

{lander  ? Can  any  fet  of  men  agree,  that  one 
man  {hall  have  it  in  his  power  to  infult  the 
chafteft  virtue,  defame  the  higheft  ftations* 
refleft  perhaps  the  moft  undeferved  odium 
upon  the  faireft  reputations  ? Shall  no  pub- 
lic fervices,  no  character  in  life,  no  public 
or  private  virtues,  be  fecure  from  fuch  at- 
tacks ? Is  the  commerce  between  man  and 
man  to  meet  with  interruption  of  this  kind ; 
are  the  tranfadtions  of  life  to  be  retailed  out . 
in  fuch  a way  j {hall  a news-writer  be  invef- 
ted  with  a power  of  declaring  a judicial  Sen- 
tence iniquitous,  unjuji  ? Where  is  our  li- 
berty, when  {hipped  on  fuch  a bottom  ? If 
this  be  the  freedom  of  an  Englifhman,  I am 
itill  a Granger  to  that  conftitution  which  we 
daily  boaft  of.  With  what  face  can  we  con- 
tend for  the  glorious  trial  by  jury,  when 
each  marl  empannels  lhmfelf,  to  try,  by  his 
own  unenlightened  reafon,  the  virtue,  and 
the  juftice,  which  is  furely  the  pride,  of  a 
righteous  judge  ? I am  no  ftranger  to  the 
people  in  this  province  j my  belt  and  moil 
ferviceable  years  have  been  fpent  here  f and  I 
can  truly  fay,  that  I have  not  ferved  my  King 
more  faithfully,  than  I have  done  my  beffc 
endeavours  to  promote  the  welfare  of  the 
place,  according  to  the  extent  of  my  capa- 
city and  power.  Many  of  my  actions,  like 
many  a book,  have  been  read  in  a fenfe  ra- 
ther oppofite  to  the  text ; and  I am  well 
convinced,  that  time  will  efface  undue  im- 

prefhons. 


$34  THE  MAN  UNMASKED,  &e. 


and  convince  thofe  who  are  in  doubt,  that 
ray  ccmdudt  has  been  upright,  and  my  atr 
tachment  to  the  province  zealous  and.  fincere. 
I<et  every  man,  without  prejudice,  calmly 
refledt  on  this  divine  precept  of  the  Saviour 
of  the  world,  “ all  things  whatfoever  ye  would 
that  men  Jhould  do  to  you,  do  ye  even  fo  to  them , 
for^  this  is  the  law  and  the  prophets."  Let  the 
reader  place  himfelf  in  the  ftation  of  the 
judge,  and  fancy  that  his  reputation  is  in 
like  manner  affaulted  and  traduced  j and  in 
that  ftate  let  him  withrhold  (if  he  can)  his 
compaflion  for  the  man,  who  is  the  unhappy 
pbjedl  of  undeferved  cenfure  and  reproach. 
Finally,  as  to  the  author  and  the  two  prin- 
ters : the  one  has  convinced  the  world,  that 
nature  fometimes  adts  againft  general  laws, 
hence  many  monfters  fpring  up,  to  the  con- 
fulion  of  mankind  j the  others , have  put  it 
out  of  doubt,  that  reputation,  with  them, 
is  not  .equal  to  the  wages  which  are  given 
$o[deftroy  it. 


I come  now  to  condudt  our  author  int® 
his  feat,  where  he  commonly  makes  his  ap- 
pearance every  funday  morning,  in  order  t® 
fhew,  how  far  his  book  correfponds  with  that 
part  of  our  church  fervice  called  the  Litany, 
jhat  divine  and  comprehenfive  prayer  for  all 
the  fons  and  daughters  of  men.  Thefolem- 
nity  of  his  approach,  cannot  but  convince, 
^11  ftrangers  in  particular,  that  he  is  under 
a pipus  and  reverential  awe ; his  ferious  and 
l \ ; feemingly 


*HE  MAN  UNMASKIirf,  &c.  135 

feeriiingly  devout  attention,  fpeak  greatly  in 
his  favour ; and  you  may  almoft  fancy,  that 
you  fee  him  grow  into  an  inward  and  fpiri* 
tual  life,  when  he  prays  to  be  “ delivered 
from  pride,  vain  glory  and  hypocrify  y — front 
envy,  hatred  and  malice,  and  all  imcharita- 
blencfs  j—from  all  J edit  ion , privy  confpiracy  > 
— from  hardnefs  of  heart,  and  contempt  of 
God's  word  and  commandment .*”  But,  when 
he  implores  the  God  of  mercy  to  “ blefs  and 
keep  the  magiftrates,  and  to  blefs  and  keep  all 
His  people , and  to  bring  into  the  way  of  truth 
all  fuch  as  have  erred  and  are  deceived ; ” 
when  lie  befeeches  the  throne  of  grace  “ to 
have  mercy  upon  all  men,  ” and  that  God 
will  be  pleafed  11  to  forgive  our  enemies, 
perfecutors  and  flanderers,  and  to  turn  their 
hearts,  * how  tranfcendently  moved  is  this 
pious  faint ! every  feature  pays  its  adoration, 
and  all  the  man  is  fwallowed  up  in  fublime 
and  heavenly  contemplation  ! Ldt  no  perfon 
miftake  my  meaning ; all  thefe  appearances 
are.  graceful- in  all  men,  when  they  lhadow 
forth  the  fubftance  : it  is  only  the  affedta- 
tion  of  being  what  in  fadt  we  are  not , which' 
hibjedts  us  to  cenfure  or  reproach.  Now  F 
fhall  confine  myfelf  to  our  author’s  own  evi- 
dence ofhimfelf,  without  beating  the  bu(h  and 
feeking  out  a new  road,  either  for  calumny 
or  ridicule.  It  has  been  this  man’s  conftant 
aim  to  feem  religious ; and  nothing  has  mate- 
rially thwarted  his  yiews,  in  fetting  up  for 

thi# 


1g6  THE  MAN  UNMASKEft,  &c. 

this  character,  ’till  the  late  publication  of 
his  extracts  and  remarks  j but  nemo  fifiarii 
perftoham  diu  fuftinere  pot  eft  > fooner  or  later, 
the  majk  will  fall  from  every  man  who  wears 
it;  and  this  fatal  ifep  has  given  a defperate 
ftab  to  all  his  pretenfions  i outward  geftures 
and  ftrong  profeffions,  are  of  no  avail,  of 
themfelves  ; for,  if  we  have  the  form  of  god- 
linefs,  and  deny  the  power  of  it  in  practice, 
we  deceive  the  world,  and  affront  the  God 
of  truth  : the  ieftimonium  rei  denotes  the 
man , as  the  tree  is-difliriguifhed  by  it's  fruti ; 
a firm  perfuafion  in  matters  of  a religious 
^concern,  unlefs  it  be  accompanied  with  a 
fuitable  practice,  is  like  the  image  prefented 
to  Nebuchadnezzar  in  his  dream,  “ whofe 
head  was  of  fine  gold,  but  the  legs  and  feet 
*were  iroh  and claft  '*  h: 

Try  the  author's  book  by  riis  profefiionS, 
bis  prayers,  , his  aufterities,  his  forms  and 
gefiures ; do  they  correfpond  ? or  rather, 
does  not.  the  one  demonflrably  prove,  that 
. he  want's,  what  the  other  is  meant  to  denote 
he  is  poflefied  of  ? Try  the  book  by  th'e 
word  of  God  ; difcoyer,  if  you  can,  whether 
fucb  a publication  is  reconcileable  with  any 
precept  or  dodfrine  of  our  holy  religion. 
Try  it  by  the  law  of  man  ; examine  whether 
our  confutation  gives  any  countenance  to 
. Works  of  fuch  a nature,  quality  or  tendency. 
~ And  laftly,  try  it  by  the  law  of  nature ; arid 
- unlefs  you  adopt  that  dangerous  principle  of 
< 41  Hobbes’s 


THE  'MAN  UNMASKED,  &c.  t37 

Hobbes’s  politicks,  that  men  are  naturally 
in  a Hate  of  warfare  with  one  another,  it  is 
imfpfflb'le  to  colled:  a fingle  argument  from 
this  law,  to  favour  the  author’s  work.  By 
nature,  alK men  are  akin  and  friends  to  each 
bther  : God  has  implanted  in.  us  focial  and 
benevolent  affedtions,  and  unlefs  we  fliflc 
the  growth  and  perfection  of  them,  by  rank 
and  deffrudtive  weeds,  which  chbak  thefe 
feeds  of  grace  and  goodnefs,  we  are  neceffa- 
rily  drawn  to  feel,  in  a certain  proportion, 
for  out  fellow  Creatures ; for  whatever  may 
be  the  faults  or  offences  of  individuals,  they, 
as  men,  partake  of  the  Common  nature, 
and  though  they  may  become  obnoxious  to 
Cenfure,  they  do  not  ceafe  to  be  men  : from 
this  kindly  principle  of  relation,  which  is* 
founded  in  human  nature*-  arifes  a precept  of 
univerfal  ufe,  that  human  adtjpns  ought  to 
be  uniform  and  confident  with  themfelves 
through  the  whole  Courfe  of  every  man’s  life, 
for  no  man  can  adt  agreeably  to  right  rea- 
f&n,  who,  as  Horace  expreffes  it,* 

JEJhiat  et  vita  difconvenit  ordine  toto , 
fluctuates  and  difagrees  with  himfelf  through  % 
the  whole  courfe  of  life. 

■Try  the  book  by  any  law  human  or  di- 
vine, or  by  reafon  only,  and  the  author  muff 
be  found  guilty:  of  the  molt  daring  viola- 
tions. Brute  animals  adt,  for  the  molt  part/ 
benevolently  with  their  kind,  and  they  ge- 
nerally abftain  from-  hurting  one  another/  a 

S position 


i j8  THE  MAN  UNMASKED,  See. 

petition  this,  ks  well  as  that  of  our  having 
friendly  inftinCts,  which  are  both  admirably 
ftrpported  by  Juvenal , in  his  1 5th  fatire# 

“ Compaflion  proper  to  mankind  appears, 

«*  Which  nature  witnefs’d,  when  fee  lent  us  tears, 

“ Of  tended  fentiments,  we  only  give 

Thofe  proofs : to  weep  is  cur  prerogative  ; 

“ To  ihew  by  pitying  looks,  and  melting  eyes, 

“ How  with  a fullering  friend  we  fytnpathize ! 

“ Nay,  tears  will  ev’n  from  a wrong’d  orphan  Hide, 

“ When  his  falfe  guardian  at  the  bar  is  try’d. 

“ Who  can  all  fenfe  of  other’s  ills  efcape, 

" Is  but  a brute  at  beil  in  human  feape. 

“ This  natural  piety  did  firft  refine 
“ Our  wit,  and  rais’d  our  thoughts  to  things  divine  : 

" This  proves  our  fpirit  of  the  God’s  defcent, 

“ While  that  of  beads  is  prone  and  downward  bent. 

“ To  them  but  earth-born  life  they  did  difpenfe, 

“ To  us,  for  mutual  aid,  caleflial  fenft. 

*•  From  draggling  mountaineers,  for  public  good, 

“ To  rank  in  tribes,  and  quit  the  favage  wood  ; 

“ Houfes  to  build,  and  them  contiguous  make. 

“ For  chearful  neighbourhood  and  fafety’s  fake; 

In  war,  a common  ftandard  to  ereft, 

“A  nuourded  friend  in  battle  to  protedl ; 

“ The  fummons  take  of  the  fame  trumpet’s  call 
To  fally  from  one  poft,  or  man  one  public  wall. 

“ But  ferpents  now  more  amity  maintain  ! 

“ From  fpotted  Ikins  the  leopard  does  refrain  : 

**  No  weaker  lion’s  by  a ftrnnger  flain, 

“ Tyger  with  tyger,  bear  with  bear  you’ll  find 
In  leagues  offenlive  and  defenfive  join’d.  ” 

Upon  the  whole  of  the  matter,  all  the 
world  muft  be  convinced,  I apprehend,  that 
the  conduct  of  Mr.  Laurens  has  been  cruel 
and  oppreffive  to  the  lall  degree.  Grant, 
for  argument  fake,  that  the  judge  has  meted 
out  hard  meafure  to  him;  allow  for  a mo- 
ment* that  the  force  of  his  objections  remains 

unanfwered,. 


‘ THE  MAN  UNMASKED,  &cc.  139 

uhanfwered,  and  the  conduCb  of  the  man, 
is  ftill  open  to  the  moll  fevere  and  afflicting 
cenfure  : but,  if  any  of  his  reflections  or  re- 
marks are  cleared  up  to  the  readers  fatisfac- 
tion  ; if  it  fflall  appear  to  him,  that  the  judge 
could  never  mean  to  injure  his  friend,  his.  _ 
relation,  for  a fet  of  men  whom  he  barely 
knew,  and  that  too  at  the  rifque  of  his  own 
reputation,  and  his  foul’s  comfort , without 
profit,  without  promoting  one.  Angle  intereft, 
or  procuring  to  himfelf  the  leaft  pof- 
fible  advantage ; if  he  fflall  be  thought  to 
have  maintained  a good  character  in  iife,and 
(allowing  for  the  common  infirmities  and 
frailties  of  human  nature)  no  doubt  fflall  re- 
main with  the  reader,  that,  by  his  own 
flrength  and  application,  under  the  blefflng 
of  God  on  his  belt  endeavours,  he  has  gained 
fome  little  reputation  in  the  world  ; if  he 
has,  in  fome  refpeCt,  anfwered  the  end  of 
his  creation  ; if  he  has  not  lived  merely  con- 
fumere  fruges ; if  he  has  not  wholly  clofetted 
hfmfelf ; furely,  the  heart  of  man  will 
be  moved,  in  fiich  a cafe.  Let  the  reader, 
without  regard  to  the  perfons  in  difpute, 
make  the  cafe  his  own  ; let  him  refleCt,  that 
fcandal  upon  the  parent,  is  an  injury  that 
poflibly  may  defeendupon  the  child;  fome- 
times  it  happens,  that  their  own  fair  un- 
fpotted  reputation  is  the  only  legacy  they 
may  have  to  give  them ; how  cruel  then  mult 
that  man  be,  who  makes  no  confcience  of 

depriving 


f'4°  THE  MAN  UNMASKED,  &c. 

depriving  them  of  this  little  but  valuable  par 
tximofiy,  and  of  all  that  patronage,  protec- 
tion, countenance  and  fupport,  Which,  now 
and  then,  is  (hewn  to  a man’s  children, 
when  the  little  hiftcry  of  their  parent’s  life 
can  be  rehearfed  with  advantage,  by  fome 
humane  recorder  of  a good  man’s  name  ? 
St.  James  tells  us,  that  the  flanderous  tongue 
is  Jet  on  fire  of  hell  the  devil  hath  his  name 
from  calumny,  and  it  is  his  nature  too  ; the 
fcripture  likewife  informs  us,  he  hath  the 
malice  and  impudence  to  accufe  good  men 
before  God,  as  he  did  job,  charging  him 
with  hypocrify  to  God  himlelf,  who  knows 
the  hearts  of  all  the  children  of  men  . 

Whatever  feVerity  has  dropt  from  my  pen, 
has  been  fhamefully  extorted  from  me.  Far 
be  it  from  the  difpolition  of  my  heart,  to 
fpeak  or  write  unkindly,  of  any  man  who 
breathes  the  breath  of  life ; but,  - as  archbi- 
Ihop  Tillotfon  properly  diftinguifhes,  it  is 
lawful  to  publilh  the  faults  of  others  in- our 
own  neceflary  defence  and  vindication.  This 
laft  cafe  excepted,  the  advice  of  the  fon  of 
Syrach  is  noble  and  worthy  imitation,  “ Talk 
not  of  other  men's  lives:  'if  thou  haft  heard  a 
word,  let  it  die  with  thee ; and  be  bold,  it  will 
not  bzirfi  thee.  ” 

It  is  very  obfervable,  that  Mr.- Laurens, 
in  the  courfe  of  his  book,  does  not  difcloie 
one  favourable  fentiment : on  the  contrary, 
He  proceeds  upon  the  molt  avowed  principle 

' . 4 • : of 


THE  MAN  UNMASKED,  &c.  14? 

of  malice,  and  {hews,  that  he  is  carried  away 
captive,  by  irregular  and  unruly  paffions  r 
however,  as  I do  not  profefs  to  be  one  of 
his  difciples,  or  a friend  to  many  of  his  doc- 
trines, I will,  for  charity’s  fake,  endeavour 
to  find  out  (if  poflible)  fome  excufe  for  the 
extraordinary  conduit  of  this  unhappy  man.’ 
Natural  philofophers  know  very  well,  that 
the  afeblions  depend  greatly  upon  the  imagi- 
nation ; that  the  motion  of  the  blood  and 
heart,  which  is  neceflary  to  life,  is  promo- 
ted by  love,  defre,  hope  and  joy , efpecially 
when  converfant  about  a great  good,  whence 
the  arteries  and  veins  are  filled  with  more 
flowing  juices,  brifker  fpirits  are  produced, 
and  the  whole  circulation  is  performed  with 
greater  eafe  : in  this  fliate,  the  kind  ajfedlions 
bear  the  rule  : but  on  the  contrary,  in  envy , 
hatred,  fear  and  grief,  the  motion  of  the 
blood  is  retarded,  and  the  heart  is  clogged,  fo 
that  it  contrails  arid  expells  the  blood  with 
difficulty,  whence  the  animal  ceconomy, 
particularly  in  the  funitions  of  the  brain  and 
nerves,  becomes  very  much  difordered.  Thefe 
points,  I muff;  own,  properly  belong  to  the 
ions  of  Galen  and  Hippocrates ; but  as  eve- 
ry one’s  bodily  frame  is  of  fome  moment  to 
him,  and  a man  ought  to  be  more  or  lefs 
acquainted  with  that  piece  of  workmanfhip 
which  is  left  to  his  own  peculiar  care 
and  conduil,  I do  now  and  then  dip  a 
little  into  phyfical  writers,  if  it  be  only  to 

convince 


i42  THE  MAN  UNMASKED,  &c. 

convince  my  judgment  that  we  are  fearfully 
and  'wonderfully  made ; and  not  long  fince  I 
cafually  fell  upon  a mod  extraordinary  cafe, 
in  Hervey’s  anatomical  exercitation  concern- 
ing the  circulation  of  the  blood,  which  per- 
haps may  apply  to  our  author’s  cafe,  and 
'work  fome  apology  for  his  furprizing  con- 
duct. “ I knew  (fays  he)  a high  fpirited 
man,  who , through  anger  and  indignation  con- 
ceived for  an  injury , joined  with  an  affront , 
received  at  the  hands  of  a powerful  perfon, 
fo  kindled  with  rage , that , envy  and  hatred 
continually  encreaftng , for  want  of  revenge, 
and  the  'ftrong  pafjion  which  rankled  in 
his  mind  being  difclofed  to  no  one , he  fell  at 
length  into  a ft  range  kind  of  diftemper , and 
was  univerfally  afflidted  with  a great  oppref- 
lion  and  pain,  both  of  his  heart  and  bread:, 
fo  that,  after  receiving  no  rel ief  from  the  ad- 
vice of  the  moft  fkilful,  he  fell,  after fome  years, 
into  a fcorbutic  habit  of  body , which  threw  him 
into  a confumption,  of  which  he  died.  He  had 
fome.  eafe,  only  and  as  long  as  the  whole  re- 
gion of  his  bread  was  comp  reded.  His  ju- 
gular veins  were  fwelled  as  thick  as  a man’s 
thumb,  with  a pulfe  high  .and  drong,  as  if 
each  of  them  were  itfelf  the  aorta,  or  great  def- 
cending  artery , and  appeared  like  two  oblong 
aneurifms : when  I had  difteBed  the  body,  I 
found  the  heart  and  aorta  fo  dift ended  and  duf- 
fed with  blood,  that  the  ftze  of  the  heart  and 
cavities  of  the  ventricles  were  as  great  as  thofe 


THE  MAN  UNMASKED,  &c.  143 

of  an  ox.  ” From  this  cafe,  I think  we  may 
well  conclude,  that  fuch  paffions  obftruft 
the  motion  of  the  blood  in  the  fmall  bran- 
ches of  the  arteries  which  are  difpcrfed  thro' 
the  brain,  and  that  great  injury  arifes  thence 
to  the  heart , and  confequently  to  the  whole 
animal , with  dire  fymptoms  of  diftempers 
to  the  great  danger  of  life  itfelf.  This  dread- 
ful cafe  admonifhes  every  man,  to  preferve, 
if  poflible,  a benevolent , kind  and  affeffionate 
dilpofition  towards  all  men,  fince  fierce  ha~ 
tred  ajpPfnft  one  man  engendered  fuch  deadly 
mifchiefs  to  him  who  cherilhed  a paflion  fo 
evil  and  pernicious  in  its  nature  and  effects. 

I leave  the  reader,  however,  to  make  his 
own  application,  as  it  is  unfair  for  an  author 
to  exhauft  a fubjeft,  which  may  chearfully 
employ  a few  leifure  moments  to  thofe  who 
may  think  it  matter  of  amufement.  . 

A few  words  more,  and  I confign  the 
man  to  the  vileft  curfe  upon  earth,  **  his  own 
unruly  will.  ” He  toifes  himfelf  about,  like 
a boy’s  boat  unlkilfully  trimmcdy  piloted  and 
rigged ; he  is  wife  to-day,  and  otherwife  to- 
morrow ; a merchant  one  year,  then  a colonel, 
and  foon  after  repents  of  both.  The  good- 
nefs  of  his  heart  perfuades  him  one  moment 
that  a certain  branch  of  his  profefiion  is  o- 
dious,  nay,  repugnant  to  all  found  doBrine . 
He  reads  the  'Revelations,  which  fpeak  of 
divers  articles  of  merchandize,  and  finding 
that  Jlaves  and  the  fouls  of  men  are  alfo  in 

' the 


144:  THE  MAN  UNMASKED,  &c. 

the  enumerated  lift,  fwears  .that'  St.  J.ohfr 
meant,  in  his  vijion , the  pernicious  practice 
of  the  African  trade  ; he  therefore  withdrew 
himfclf  from  the  horrid  and  barbarous  con- 
nection, retaining  however,  to  himfelf,  a 
few  of  thofe  jewels  which  he  had  heretofore 
amafied,  fome  of  the  wages  of  this  abomina- 
ble trade , foi;  an  old  ballad  relates,  , that 
“ gold  in  handling  will  flick  to  the  fingers  like 
meaL”  'He  then  retires  from  the  world ; 
dabbles  however  a. little  with  its?  concerns ; 
lets  up  as  a Palladio  upon  a plan  of  architec- 
ture, and  makes  a bold  pufti  to  be  the  firft 
man  in  a new  ftreet,  by  commanding  the 
waves  to  q.mit  their  aniient  bed,  and  make 
room  for  two  tenements  of  folly  to  ftare  him 
in  the  face,-  when  he  takes  an  idle  gaze 
from  his  parlour  window.-  : 

The  fame  ftrange  Angularity,  by  all  ac- 
counts, ever  governed  the  man  in  his  cool 
moments ; and  he  fupplies  us  with  evidence 
enough  of  what  rules  him  in  the  rage  and’ 
tempeft  of  his  blood. : with  all  this  queernefs 
he  ever  carries  about  with  him  a litle  mantle 
of  religion  ; it  ferves  to  colour  and  difguife, 
and  delude  poor  fouls  into  an  opinion  of  his 
inward  frace.  I have  been  told  (though  I 
by  no  means  afferi  the  thing  as  faCt)  that  he 
whimfically  became  a pluralifi  fome  years 
ago,  by  ferving  the  province' in  the  tWo-fold 
capacity  of  a colonel  and  chaplain  to  the  re- 
giment, that  he  now  and  then  preached  be- 
fore 


tfltE  MAN  UNMASKED,  &c.  14] 

foire  he  , marched,  and  marched  when  he  had 
breached:  whether  thefe  initio  offices  were 

ftridtly  compatible  or  not,  or  whether  the 
inotiorts  of  the  fpirit  in  the  colonel^  were  con- 
sidered as  orthodox  and  regular  by  the  men', 
or  quickened  their  bodily  operations,  are  re - 
fearches  rather  too  deep  for  me  to  fathom ) 
however,  it  is  no  unnatural  conjedhife,  that 
the  fpirit  of  the  gofpel  refitting,  in  principle 
at  leaft,  the  fpirit  of  the  fervice,  and  the  co-* 
lonel  dividing  his  ftrength,  and  contempla- 
ting the  cur  am  ariimaium , full  as  much  as  th£ 
coronam  bellicam , he  proceeded  on  his  way 
with  a flow  and  folemn  pace,  no  doubt  per- 
Fuading  himfelf*  that  he  and  his  party  trod 
bn  holy  ground ; however  they,  with  the  other 
troops  in  the  fame  expedition*  rather  out- 
fpeeded  the  pious  colonel  in  the  march*  fo  that 
he  probably  adopted  the  words  of  fofhua  “ as 
for  me  and  riiy  houfei  vie  will ferve  the  Lord.  ” 
I with,  with  all  my  heart,  that  the  colo- 
nel had  lived  a century  ago,  for  his  own  fake  : 
he  is  well  fitted  for  fiich  times,  and  Crom- 
well, who  knew  the  human  heart  and  could 
be  all  things  to  all  men,  would  by  no  means 
have  overlooked  a charadter  fo  fuited  to  his 
purpofe;  he  might  have  been  a fecond  gene- 
ral Harrifon,  who  was  alfo  a military  faint, 
that  ufed  to  advife  the  protedtor  to  run  (fide 
fomeiimes  from  his  company , and  get  a word 
with  the  Lord. 

T Having 


i46  THE  MAN  UNMASKED,  &c. 

Having  for  the  prefent,  I think, 
ciently  enlarged  upon  this  complex  chara&er 
of  a man  upon  his  own  evidence , in  which 
idea  I comprehend  not  only  the  pamphlet, 
but  alfo  his  public  ftation  in  life,  fo  far  as 
either  afford  room  for  obfervation ; it  may 
not  be  amifs  to  take  notice,  that  the  man 
whofe  conduct  as  an  officer  is  attacked,  is  no 
more  a public  flation  than  that  of  the  mer- 
chanti the  lawyer , or  the  tradefman , and 
confequently,  each  lies  open  to  the  moft  free 
examination,  and  the  rather,  when  the  at- 
tack is  made  upon  that  officer  without  mer- 
cy, without  charity,  I had  almoft  faid  with- 
out one  principle  of  honour  to  fupport  it. 
However,  I have  not,  in  any  one  inftance, 
to  my  knowledge,  violated  the  facred  laws 
of  friendfhip;  nothing  has  dropped  from 
my  pen  which  Mr.  Laurens  has  at  any  time 
difclofed  to  me  : and  I cannot  charge  myfelf 
with  a fingle  departure  from  the  rules  which 
the  fecrecy  of  friendfhip  requires,  unlefs  the 
letters  which  the  author  wrote  to  me  give 
room*  for  an  exception ; however,  let  every 
one  confider,  that  fuch  letters,  from  the 
moment  they  are  difpatched  to  the  party, 
cancel  all  private  laws  of  friendfhip  and  re- 
gard, and  inftantly  become  the  property  of 
the  man  to  whom  they  are  addreffed ; let  it 
be  confidered  like  wife,  that  no  parts  of  them 
hut  fuch  as  concern  myfelf  are  made  public, 
and  that  they  are  only  produced  in  my  own 

neceffary 


THE  MAN  UNMASKED,  &c.  147  - 

neceffary  vindication,  and  to  eftablilh  the  in- 
confiftency  of  the  writer’s  conduct,  who  de- 
parts, in  them,  from  his  own  tenets,  to  gra- 
tify a malignant  and  evil  difpofitionj  and  I 
think  the  world  will  admit,  that  it  is,  in  . 
every  fenfe,  a juft  and  allowable  freedom, 
refulting  from  the  abfolute  urgency  and  un- 
controulable  neceffity  of  my  particular  cafe. 

There  remains  only  one  or  two  points 
more  for  the  reader’s  conlideration. 

On  the  28th  day  of  July  laft,  Mr.  Lau- 
rens endeavoured  to  renew  the  correfpon- 
dence  mentioned  in  the  114th  page  of  thefe 
(heets,  by  a long  letter  which  he  wrote  to 
me,  containing  many  impudent  reflections. 
He  gave  me  to  underftand,  that  he  had  prc-, 
pared  fome  copies  of  the  proceedings  of  the 
court  of  admiralty,  which  he  propofed  to 
tranfmit  to  his  correfpondents  in  England 
and  America ; and  he  therein  expreffes  him- 
felf  as  follows  : “ You  know  my  warmth  of 
expreflion—you  know  the  foundation  of  my  com- 
plaints. — you  know  my  inability  to  exprefs  my- 
felf  however  good  my  caufe  may  be , like  a fcho- 
lar  and  a man  of  letters  ; but  I am  furey  Sir , 
you  know  alfo , that  I fcorn  to  tell  a lie,  and 
that  I am  incapable \ of  taking  bafe  and  cun- 
ning advantages  of  any  m4h  > thereforet  fvcb 
as  my  writings  and  fuch  as  my  fentiments  are , 
if  any  proper  method  can  be  devifed  for  that 
• x purpofe , 


14^8  THE  ]MAN  UNM^SiCEp,  &c, 

purpofe,  you  may  have  a full  knowledge  of  them , 
and  I may  thence  perhaps  receive  new  light,  and 
may , in  m, any  rejpedls,  dij cover  my  own  mis- 
takes ; at  leafy  I fall  ward  off  the  imputation 
of  wounding  either , through  wantonnejs  or  from 
blind  prejudices , the  char  aider's  of  good  men.” 

This  letter  was  a.  mere  copy  of  his  coun- 
tenance, and  a palpable  piece  of  hypocrify 
and  deceit.,  calculated  to  give  him  Some  pre- 
tence to  candour , though,  he  was  certain  I 
had  put  it  out  of  mv  power  to  devii'e  any 
method,  for  the  purpofe  of  coming  to  the 
knowledge  of  his  writings  ; not  only  by  a 
paper  which ,;I  Sent  him  Seven  days  before, 
expreffing,  f‘  that  Iff ould  not  give  mjfetj  the. 
trouble  to  anjwer  arty  more  notes  ; ” but . alfo, 
by  omitting  to  giye  him  an  apfwer  to  his 
letter  of  the  21ft  of  July  5 and  he  .could  not 
hut  know  likewiSe,  that,  under  this  few-  of 
candour , he  was  putting  a bafe  infult  upon, 
me,  becaufeit  was  impoflible  for  me  at  that 
time,  as  a judge,  to  undertake  a tafk  fo  de- 
bating and  humildating,  as  that  of  fubmit- 
ting  to  be  trjed  at  the  bar  of  our  author’s 
jufiice , upon/ points  too,  which/  related  to 
himfelf  as  a party , and  which  had  undergone 
a folerrm  determination  in  open  court : . I 
therefore  think  myfelf  well  warranted  to 
lay,  that  he  was  not  influenced  by  candour 
hut  by  a perverfe  and  wicked  principle,  which 
urged  him  on  to  torment , mortify , chagrine 


xm  149, 

*nd  -vex  m<s.;  His  views  however  were  djf- 
appointed,  apd  he  might  clearly  perceive,  that 
I.  then  held  him  (as  I now  do). in  the  utmoft. 
abhorrence , deteftation,  contempt, 

- 1 have  made  it  very  plain,  in  the  eburfe  of; 
thefe  fheets,  that  Mr.  Laurens,  has  .exceeded 
the  trufh , in  the  very  face  of  his  .own  letter,; 
wherein  he  has  the  aflurapce  to  acquaint  me 
that  I know  he  fcorns  to  tell  a lie it  is  alio  as 
manifeft  and  clear,  that  he  can  take  bafe  and? 
cunning  advantages,  though,  in  the  fajine  Jes- 
ter, he  is  pleafed  to  infinuate,  that  he  is  in- 
capable  of  doing  lb  ; and  it  contains  only  one 
apparent  fadfc,  “ that  I know  the  warmth  of 
his  exprejfion,  and  his  inability  to  exprefs  h'imr 
felf,  however  good  his  caufe  may  be,  like  afeho- 
lar  and  a man  of  letters  ; and  if  he  had  alfo 
added  like  a gentleman , he  would  pot,  in'  that 
infance , haye  departed  from  the  truth . 

I will  never  quit  him,  ’till  it  is  either  in 
my  power  to  convince.  Or  banhh  him  the 
world.  In  his  prefent  difpofition,  he  is  nei- 
ther fit  for  life  or  death',  not  for  the  former, 
becaufe  he  wants  that  charity  and  milkinefs 
of  heart  which  is  abfolutely  neceffary  to  pro- 
mote the  ends  of  true  fociety ; 'nor  for  the 
latter,  in  the  view  of  wife  and  gopd  men, 
who  feek  a place  of  happinefs,  the  enjoy- 
ments whereof  cannot  poflibly  be  reliihed  by 
a man  of  his  turbulent  and  outrageous  "ha- 


150  THE  MAN  UNMASKED,  &c. 

One  other  inftance  of  our  author’s  effron- 
tery, audacity  and  mean  boldnefs , remains  yet 
to  be  examined.  Upon  the  20th  of  Febru- 
ary laft,  about  nine  o’clock  at  night,  when  a 
man  is  fuppofed  to  have  retired  from  the  fa- 
tigues  of  the  day,  and  to  enjoy  a few 
moments  of  repofe  with  his  family  and 
friends,  he  fent  his  young  man,  with  his 
book  of  extracts,  and  a piece  of  the  worm- 
eaten  plank  of  the  fhip  Ann,  as  a prefent  to 
me : I received  them,  and  the  melfenger 

withdrew.  Upon  examination  of  the  plank , 
I found  that  the  worms  had  made  an  infinite 
number  of  little  cells  or  cavities  f and  as  the 
author  is  filent,  in  his  book,  on  thefe  cir- 
eumftances,  I concluded,  that  he  fent  it  to 
me  as  an  emblem  of  his  own  hollow,  perfo- 
rated heart,  and  therefore,  it  is  my  full  de- 
termination, to  enclofe  it  in  brafs,  whereon 
I fhall  caufe  to  be  engraved  a fuitable  in* 
fcription,  which  (hall  exprefs  in  few  words, 
that  it  is  a figure  of  the  man  who  fent  it  as 
a prefent,  and  I fhall  then  lodge  it  in  my  ca- 
binet of  curiofities,  to  be  occafionally  viewed 
and  admired  by  fijch  friends  as  may  at  any 
time  defire  to  fee  it. 

For  feven  months  paft,  has  this  wicked 
brute  tortured  his  invention,  to  contrive  every 
method  to  give  me  pain  and  anguifh,  by  read- 
ing his  manufcript  to  all  flrangers,  friends 
and  acquaintance ; by  making  it  the  princi- 


THE  MAN  UNMASKED,  &c.  j5t 

pal  fubjedt  of  convcrfation  at  his  table 3 by 
tranfmitting  copies  to  many  of  his  corref- 
pondents 3 by  writing  abufive  and  fcurrilouS 
letters  to  me,  full  of  the  moft  bitter  and  a - 
crimonious  reproaches,  charges  and  infolent 
criminations 3 by  cruel  and  unjuft  refledtions 
on  a dear  deceafed  relative  3 by  publithing  his 
book  of  extradts  3 by  fending  them  to  every 
part  of  America,  the  Weft-Indies  and  Great 
Britain  3 by  furniffiing  the  principal  minifters 
and  officers  of  the  crown  with  copies,  both  at 
home  and  in  the  provinces,  thereby  attempting 
to  poifon  their  minds,  and  to  reduce  me  to 
the  moft  abjedt  ftate  of  ruin,  ignominy  and 
difgrace  3 by  a bate  paragraph  in  the  public 
papers,  which  he  inferted  five  days  only  af- 
ter the  publication  of  his  pamphlet  3 by 
the  mode  of  lending  the  fame  to  me  3 and  in 
thort,  by  every  fubtle,  vindidtive  and  diabo-? 
lical  art  and  ftratagem  which  he  has  been 
able  to  devife  for  fo  many  months  together. 
Nothing  but  the  inward  fenfe  of  my  integri- 
ty, has  fupported  me  under  this  dreadful 
ftate  of  calamitous  diftrefs  : a weak  mind 
muft  have  funk  under  this  diverfity  of  perfe- 
ction 3 and  I am  certain,  that  every  hu- 
mane heart  will  entertain  a little  notion  at 
leaft,  of  thofe  feelings  which  muft  have  ta- 
ken fome  pofleffion  of  a man  fo  circumjian - 
ced,  fo  cruelly  perfecuted , tormented  and  tra~ 
duced.  _ Let  my  readers  refledl  for  a moment, 
what  muft  have  been  his  conflicts  in  fuch  a 


fji  THE  MAN  UNMASKED,  &c. 

cafe,  and  they  will  find,  that  I have  exer- 
cifed  foriie  few  Chriftian  graces,  and  fub- 
fhitted,  ^with  patient  refignatiori,  to  as  great 
k trial  as  can  poflibly  fall  to  the  lot  of  man. 

1 am  truly  a much  injured  £erjfon,  and  I 
hope  the  world  will  do  me  judice.  And  my 
fellow  fubje&s  in  this  province  in  particular  : 
I hopei  they  will  enable  me  to  giiefs  at  lead:  at 
their  fentiments  j whereby  I may  enjoy  fuch 
bleflings  as  providence  lias  bedewed  upon 
tne#  with  the  fame  fullnefs  which  I have 
heretofore  experienced.  I could  fay  more, 
hut  the  fubjedt  overcomes  me,  I mud  there- 
fore haden  to  concede. 

. h'fy  reputation  and  honour,  in  my  public 
ftations,  having  been  thus  infarnoufly  drawn 
Into  fufpicion,  I think  it  my  duty  to  declare 
thus  publickly,  „and  with  the  fame.fincerity 
as  if  I was  fworn  upon  the  Holy  Evangelids# 
'that,  in  every  cafe,  without  exception# 
Which  ever  came  before  me,  during  my  ad- 
mmidration  of  j-udice  in  the  court  of  vice-' 
admiralty  of  this  province,  it  has  been  my 
condant  endeavour  to  judge#  if  pofhble,  a 
righteous  judgment.  No  man  ever  fat  upon 
a bench  with  a heart  better  difpefed  to  ad- 
vance the  caufe  of  truth  ; and  it  is  not  in  my 
power  to  charge  myfelf,  with  the  lead  incli- 
nation or  bias  to  one  fide  of  a quedion  more 
than  another.  In  fhort,  my  confcience  is 

clear 


THE  MAN  UNMASKED,  kc.  153 

-Cleat  as  the  limpid  dream,  and  there  I feel 
a fuppart,  a balm  and  comfort,  which  heais 
.fevery  wound,  and  gives  a peace  to  the  mind 
which  palfeth  underftanding.  I fefel  the  in- 
jury done  me,  with  fo  exquifite  a fenfe,  that 
I would  riot,  for  all  the  treafures , pomp  and 
-glitter  of  this  world,  be  the  author  of  fitch  a 
work,  againft  fo  innocent  a man.  I forgive 
him:  but  I tremble;  in  the  foftnefs  of  my 
heart,  for  thofe  flings  of  bitter  grief  and  in- 
ward remorfe,  which,  at  fome  future  day, 
mbft  wound  his  peace  of  mind  j when  the 
Concerns  of  this  world  lejjin  to  his  view  i 
when  nature’s  lamp  fhall  be  nigh  exhauded  i 
when  the  knees  begin  to  tremble,  fight  grows 
dim,  and  the  grinders  ceafe  their  labour,  then 
perhaps  the  foul,  warmed  With  a pure  affec- 
tion, and  draggling  to  efcape  from  its  pri- 
fon-houfe  the  body,  may  didtate  to,  and  per- 
haps ftrerigthen,  the  many  in  his  Iaffc  mo- 
ments, to  cry  out,  Reflitution  to  him  whom  I 
have  injured  ! My  prayer  from  this  day  forth 
fhall  ever  be,  that  God  will  be  pleafed  to 
enable  me,  in  the  hour  of  death,  to  confirm 
the  truth  of  the  above  declaration  with  my 
lad  words; 

“ , . — — '■*  ■■ ■ ■ if  one  jot  beyond 

“ The  bounds  of  honour,  or  in  aft  or  will 
« That  way  inclining,  hard’ned  be  the  hearts 
“ Of  all, that  riad  me,  and  my  near’ft  of  kin 
**  Cry,  fie,  upon  my  grave ! 

And  now  I fubmit;  with  due  refpedi,  this 
U extraordinary- 


r54  THE  MAN  UNMASKED,  &C.  . 

extraordinary  cafe,  to  the  candour  of  the 
world  ; and,  finally,  I take  my  leave  of 
Mr.  Laurens,  whom  I fincerely  pity,  ~wifh- 
ing  him  a more  compofed,  truly  religious 
and  fettled  Jlate^of  mind , and  that  he  may 
deliberate  with  caution,  reftedt  with  candour, 
and  regulate  his  future  condudt  by  thofe  ma- 
xims which  in  theory  he  profejfes  to  approve, 
but  which  he  has  not  hitherto  adopted  by  his 
_ pradlice . 

EGERTON  LEIGH. 

Charles-Town, 

30th  March,  1769. 


POLITICAL  TRANSACTIONS 


PROVINCE  of  SOUTH  CAROLINA, 


[Price  One  Shilling  and  Sixpence.} 


K • ' 3 \ S^/3  3%  j 

Considerations 

ON  CERTAIN 

POLITICAL  TRANSACTIONS 

OF  THE 

PROVINCE  of  SOUTH  CAROLINA: 

CONTAINING 

A VIEW 

f ’ 

OF  THE 

Colony  legislatures 

(Under  the  Defcription  of  That  of  Carolina  in  Particular). 
WITH 

OBSERVATIONS, 

Shewing  their  Resemblance  to  the  British  Model, 


In  Vitium  Libertas  excidit,  et  Vim 

Dignam  Lege  regi.  Horat. 


rr'*~  < ->x 

— - " 1 - . /.  <Jf 

LONDON: 

0 Pnnted  for  T.  Cadell,  in  the  Strand. 

M DCC  LXXIV. 


CONSIDERATIONS,  &fc. 


IT  is  the  Duty' of  a Good  Citizen  and  a Loyal 
Subject,  to  promote,  as  far  as  in  him  lies, 
the  Public  Service  ; and  one  ftep  towards  it 
is,  candidly  to  examine  thofe  Principles  and 
Tenets  which  divide  Men’s  Minds,  and  inflame 
one  part  of  a Community  who  glory  in  adopting, 
and  the  reft  in  oppofing  and  rejefting  them, 
v.  Oppofite  Sentiments,  long  remaining  unex.- 
plain^c,  always  engender  Difputes ; and  as  it  is 
a nice  and  delicate  concern  to  difcufs  the  Caufes 
of  Public  Difcontent,  the  bufinefs  often  is  neg- 
lected. — Hence  it  is  that  prejudices  naturally 
arife ; loofe  opinions  Ideal  into  Men’s  hearts ; 
and  That  is  held  for  Truth  which  flatters  the 
prelent  Humour  : belides,  there  is  a Fafhion  in 
the  Mode  of  Thinking , as  well  • as  in  the  Mode 
of  Drefs. 

The  great  aim  of  a Worthy  Writer  ought  to 
be  directed  to  the  fearch  of  Truth. — He  may  be 
permitted  to  exprefs  himfelf  with  fo  much  warmth 
as  will  convince  his  Reader  that  he  feels  : but 
intemperance  and  paflion  mock  all  ferious  dif- 
quifition,  and  muft  be  carefully  avoided  ; for 
over-heated  Zeal  never  helps  a bad  Caufe , and  feldom 
ferves  a good  one. 

Under  this  kind  of  influence  and  perfuafion- 
I take  up  the  pen;  but  with  that  modeft  fear,  that 
trembling  awe,  and  miftrujbful  apprehenfion, 
which  almoft  fhake  my  refolution.  I therefore 

B humbly 


[ 2 J. 

humbly  befpeak  the  candid  attention  of  my  Rea- 
ders, and  thofe  liberal  allowances  which  the  Gene- 
rous Public  are  ever  ready  to  make,  when  modeft- 
ly  implored,  and  not  arrogantly  or  felf-fufficiently 
demanded.  • 

- The  beft  proof  of  my  own  candour  is  to  avow 
my  connexion  with  the  Crown;  that  I am  a down- 
right Placeman ; have  been  fo  for  nearly  twenty 
years  ; and  that  I owe  more  to  -the  Royal  Favor, 
than  . any  merit.  I poffefs  can  juftly  claim.  And 
now,  methinks,  I may  fairly  be  allowed  to  fay, 
according -to  the  Maxim  of  the  Times,  that  I 
have  given  a moil  Difguftful  Figure  cf  myfelf — ■ 
a monftrous  Portrait ! — the  painting  whereof  is 
coarfe,  the  colour's  glaring,  and  the  whole  Piece 
obnoxious  to  the  fight.  I fear  the  number  of  my 
Readers  will  be  greatly  leffened.  — Not  a Perfont 
out  of  Place  will,  probably,  perufe  me;  and- 
the  Patriots  will,  one  and  all,  avoid  me  : for,  ac- 
cording to  modern  Acceptation,  a Man  in  Place 
is  a perfedt  Bofil'ijk  to  a Patriot  out  of  Place ; it 
being  now  very  manifeft  to  all  Mankind,  that  this 
lingle  circumftance  alone,  the  being  in  or  out' of 
Place , defines  arid  gives  the  difference,  between  a 
Popular  Member  of  the  Community,  and  a Cour- 
tier at  St.  James’s.  No  matter — The  Ill-favoured 
Figure  is. before  the  Public  Eye;  and  they  are  wel- 
come to  ufe  it  with  ail  the  Gothic  Freedom  of 
their  Anceflors,  and’  to  cenfUre  or  approve. 

It  is  not  my  intention  to  enquire  into  the 

- Policy  of  impoiing  Stamp-duties  on  the  Subjedts 
in  America  ; . neither  do  I prefume  to  determine 
any  thing  refpecting  an  Adt  fo  extremely  offenfive 
to  the  Colonies  in  general;  but  I beg  to  offer  a 
fmall  conjecture,  That  the  Repeal  thereof  will 
prove  to  be  an  Epoch  in  the  Annals  of  Britifh  Story; 
for,  fince  that  Memorable  Period,  the  Public 
Affairs  .of  thefe  Countries  have  been  in  a ftate 

- • of 


' t 3 ] , 

of  almoft  ruinous  Diftraftion ; and  what  was  pro- 
bably meant -to  infpire  Gratitude  and  Love,  has 
rather  kindled  Rancour  and  Difguft. — The  af- 
feftion  of  the  Parent  State  feems%  to  be  confider- 
ed  as  the  e hefts  of  aged  fondnefs  and  impotent 
attachment.:"  and  forry  I am  to  fay,  that  Con- 
ceffioiis  have  daily  produced  Ufurpation  and  Re- 
liftance  •,  one  claim  has  been  .followed  by  ano- 
ther, which,  generating  more,  have  multiplied 
like  the  encreafing  power  of  numbers,  in  a courfe, 
as  it  were,  of  Geometrical  ProgreJJion. 

By  flow,  and  almoft  imperceptible  degrees, 
Jealoufies  and  Diftrufts  have  faftened  upon  Men’s 
Underftandings  i and  the  Tone  and  Temper  of 
the  People’s  Minds  have  undergone  fome  Fatal 
Changes.  Man  is  not  born  for  a feries  of  indul- 
gence — and  Human  Nature  teaches  us,  that  we 
cannot  bear  a conftant  Tide  of  flattering  Succefs, 
without  becoming  Infolently  Saucy,  and  Arro- 
gantly V ain.  It  is  as  neceflary  that  fome  Line 
fhould  limit  and  afcertain  the  exaft  Boundaries 
of  our  Political  Syftem,  as  that  Landmarks 
fhould  be  made  to" determine  the  .extent  and  figure 
of  our  Lands.  Dormant  Rights  likewife,.  and 
fuppofed  Titles,  are  eternal  fources  of  Confufion ! 
And  fuch  is  the  ftrange  Contradiftion  of  our  Na- 
ture, that  we  mever  complacently  yield  a clear 
Right  with  fo  g5od  a grace,  as  when  -it  is  power- 
fully demanded.  Thus  we  may  be  juftly  ftiled, 
“ Children  of  a larger  Growth for  Children  lofe 
their  temper  when  too  much  humoured  and  ca- 
refied. 

It  is  not  my  defign  at  prefent  to  carry  my  Ob- 
fervations  beyond  the  Boundary  Line  of  the  Pro- 
vince sof  South  Carcliha ; though  I muft  take 
notice  by  the  way,  that  when  American  Diiputes 
ran  very  high,  fome  years  ago  •,  and  all  the  Men 
of  Genius  in  our  Sifter  Colonies  ftraingd  every 

B -2  , nerve 


[ 4 1 

nerve,  and  fummoned  every  power,  to  fupport  the 
favorite  Do&rine  of  the  Times,  we  flood  gazing 
with  a filent  Admiration  ; and,  like  the  ftupid 
Devotees  of  old  at  the  Myftic  Oracles  of  Del- 
phos  and  Apollo,  waited  for  a Breath  of  In- 
spiration from  the  Renowned  Town  of  Boflon  ! 
In  fhort,  we  had  juft  fo  much  Underftanding  as 
enabled  us  to  Copy,  with  tolerable  accuracy, 
thofe  LefTons  of  Political  fkill,  which  were  kindly 
wafted  to  us  from  the  Land  of  Vifion  (as  a decent 
Writer  prettily  enough  fliles  the  Province  of  New- 
England).  This,  however,  was  our  Ultima  Lhulc 
forborne  time.-^The  power  of  Mimickry  baffled 
all  the  powers  of  Genius,  and  our  Ambition  was 
well  fatisfied  •,  partly  under  the  perfuafion  of  be-r 
ing  good  Scholars,  and  partly  under  the  flatter- 
ing hope,  that  we  might  in  due  feafon  become 
Mailers  of  the  Art,  Practice  ever  gives  confi- 
dence— and  as  aChild,  by  frequent  e flays  to  walk, 
is  encouraged  to  lay  afide  his  go-cart , and  quarrel 
with  his  leading-firings , fo  we,  in  like  manner,  be- 
gan to  take  Courage,  to  feel  our  own  Strength, 
and  to  find  our  own  Feet.  There  is  fomething 
very  foaring  in  the  Human  Mind  •,  and  an  Iuea 
of  Originality  is  flattering  fo  a great  degree, 
Hence  it  is,  that  I date  thofe  Memorable  Exer- 
tions, which  never  once  entered  into  the  Heads 
of  our  Northern  Luton : and  what  adds  to  their 
Value  and  Importance  is,  that  the  Adis,  which  I 
propofe  to  celebrate,  retain,  in  every  fenfe  of  the 
word,  their  Originality  to  this  day  ; not  one  Copy 
.having  been  made  by  a Angle  Colony  on  this 
Wide-Extended  Continent. 

The  firfl  Fancy  which  cafe  forth  its  irradiating 
beams  upon  the  Minds  of  our  Aflembly,  figna- 
lized  the  Annals  of  the  Year  1766. — It  was  then 
etifeovered,  that  the  “ American  Stamp -Adi  was  not 
tranfmitfed  to  the  Governor  by  the  Secretaries  of 

“ State^ 


t 5 7 

tc  or  Z,on£r  0/  7VW<? ; ” and  although  the 
Lieutenant-Governor,  who  ' was  then  in  Admi- 
niftration,  had  been  furnifhed  by  the  Attorney- 
General  with  the  Act  printed  by  His  Majeftv’s 
Printer,  yet  it  was  not  deemed  by  the.Aflem- 
bly  to  be  fuch  a Notification  thereof,  as  to  oblige 
a Governor  to  enforce  the  Execution  of  it.  ° 

It  is  difficult  to  fay,  to  whom  they  were  in- 
debted for  this  Wonderful  Difcovery:  whether  to 
Lawyers  or  Laymen,  is  very  immaterial,  inas- 
much as  nothing  of  the  kind  was  ever  hinted  by 
any  other  Provincial  Senate.  Perhaps  our  Neigh- 
bours recollected  what  my  Lord  Coke  fays,  that 
* “ before  Printing,  and  till  the  Reign  of  Hen- 
“ ry  the  Seventh,  Statutes  were  Engroffed  in 
“ Parchment,  and  by  the  King’s  Writ  proclaimed 
“ by  the  Sheriff  of  every  County,”  and  therefore, 
they  might  poffibly  conclude,  that  this  practice 
was  not  only  out  of  ufe,  but  fince  the  Art  of 
Printing  was  an  unneceffary  caution.  Be  this  as 
it  may,  it  is  fufficient  to  obferve,  that  the  Honor 
of  this  State  Juggle  belongs  to  us  alone. 

I mention  this  by  the  bye,  as  being  an  Effort 
of  our  own  ; and  yet  not  lb  much  for  the  Credit 
which  it  gives,  as  to  convince  Mankind,  what 
aft om ffiing  advances  we  have  made,  from  the 
firft  moment  we  abandoned  our  Political  Teach- 
ers, and  ftood  like  Men  upon  our  own  proper 
legs.  — Befides,  there  is  both  InftruCtion  and  De- 
light,  in  tracing  the  difplays  of  Human  Under- 
ftanding,  from  the  early  budding  forth,  to  a more 
wIanCed  fta§e  culture  and  improvement. 
When  we  proceed  ftep  by  ftep,  tracing,  as  it  were, 
the  feveral  gradations,^  marking  the  ftealing  pro- 
s'1'6 s of  Man  s inventive  fkill,  and  keep  a fteady 
e^e  on  the  feveral  Operations,  we  naturally  ac- 


z Inft.  52 6,  644,  67a. 


quire 


[ « i 

iquire  a tegular  Syftem  of  Refle&ior.;  and  we  find 
our  Judgement  ripened,  in  proportion  to  th<? 
attention  we  have  given,  and  the  admiration  we 
have  paid. 

The  Reader  will  perceive,  that  the  firft  com- 
mencement of  Carolina  Politics  on  Our  own  pro- 
per bottom  (after  mqft  Servile  Imitations  about 
the  fame  period),  is  dated  upon  the  Introduction 
of  the  Stamp- Ad  into  the  Britifh  Colonies  : and, 
having  Paid  as  much  as  the  Importance  of  our 
firft  JValk  in  the  wide  field  of  Political  Science, 
merits  at  my  hands,  I proceed  to  ftate  and’  conT 
fider'  a Second  Effort  of  the  AfTembly,  which,  for 
its  v.afi  P.each3  profound  Depth , and  uncommon  Boldr 
nefs , challenges  the  find  Rank  in  the  Annals  of 
Modern  Story.  , 

That  the  mind  may  be  duly  prepared  to  re- 
ceive a .becoming  imprefiion  of  this  matter,  it 
is  proper  to  premife,  by  way  of  excufe  for  that 
jtapfe  of  time  between  the  frjl  Stroke  and  the 
fecond,  that  our  advances,  though  (lew,  and 
after  a long  paufe,  are  neverthelefs  extremely 
regular  and  fure  : and  though  we  cannot  boalt 
any  great  rapidity  of  Genius,  it  is  evident  that 
we  fufficienfly  atone  for  the  defect  by  the  fohdity , 
the  comprehenjiyenefs , the  novelty  of  the  Plan,  and 
the  immenfity  of  its  Gbjed.  — For  my  own  part, 
I always  prefer  a fuper Itrudure  upon  an  old  and 
fettled  foundation — I hate  all  hidden  and  fialhy 
operations-,  they  have  nothing  either  permanent 
or  fecure  about  them  : then,  again,  they  fupply 
little  for  the  mind  to  dwell  upon  ; for  travel- 
ling like  a ray  of  light,  they  both  dazzle  and 
confound;  .whereas  the  fcber3  the  cool , the  long 
digefied  Plan  commonly  bids  fair  to  fecure  both 
Approbation  and  Applaufe.  Let  us  now  bring 
this  Rufinefs  to  a proper  Tefic ; try  it  by  its  own 
injtrinfic  worth-,  examine  its  tendency  ; view  the 

'■  meafurq 


[•  ?'} 

ifieafure  through  the  pureft  fpeculum  ; and,  pro- 
vided the  Enquiry  is  conducted  with  fingienefs  of 
heart,  and  with  an  eye  to  Truth,  we  dial! 
neither  repine  at  the  labour,  or  retire  from  the, 
contemplation  of  the  fubjeft  with  difguft. 

On  the  eighth  day  of  December,  1769,  a.  full 
Houfe  of  Alfembiy  palled  an  Order  in  the' words 
following 

“ Ordered,  That  the  Public  Treafurer  do 
“ advance  the  Sum  of  10,5001.  Currency  (equal 
“ to  1500I.  Sterling),,  outvof  any  Money  in  the 
“ Treafury,  to  be  paid  into  the  hands  of  certain 
“ Members  therein  mentioned,  who  are  to  remit 
“ the  fame  to  Great  Britain,  for  the  Support  of 
“ the  Juft  and  Conftitutional  Rights  and  Liber- 
“ ties  of  the  People  of  ..Great  Britain  and  Ame- 
“ rica, 

“ Resolved,  That  this  Houfe  will  make  Pro- 
“ vifion  to  reimburfe  the  Public  Treafurer  the  faid 
“ Sum. 

“ By  Order  of  the  Houfe.  ” 

This  Sum  was  remitted  by  Bills  of  Exchange, 
drawn  by  fome  Merchants  there,  in  favor  of  the 
late  Public  Treafurer  of  the  Province,  on  cer- 
tain Gentlemen  in  London  and  Briftol. 

This  being  the  plain  and  fimple  ftate  of  the 
Cafe,  it  is  but  juft  that  the  AfTembly’s  induce- 
ments for  adopting  this  meafure  Ihould  accom- 
pany the  fad.  After  a repofe  of  about  three 
Years,  from  the  date  of  the  laft  Tranfaftion,  the 
Alfembiy  had  been,  no  .doubt,  ruminatino-  upon 
the  fituation  of  Public  Affairs,  both  at  hoine  and 
abroad:  and  as  Men  of  liberal  fentiments  difdain 
to  confine  their  Benefactions  to  the  Members  of 
their  own  foil  and  climate ; and,  like  Citizens 
of  the  World,  taicing  a wife  and  extended  range 
and  wifely  contemplating  the  rife  and  fall  of  Em- 
pires, and,  probably,  refecting  that  the  Confti- 

tution 


tution  of  Great  Britain  was  apparently  going  to 
decay,  and  that  only  one  faint  dawn  of  hope  re- 
mained from  mClab  of  Patriots,  who  had  then  lately 
formed  themfelves  into  a Society  for  Supporting 
<fhc  Bill  of  Rights : I fay,  from  fome  of  thefe 
confiderations  they  voted  the  Sum  ftated  in  the 
Order.  It  appears,  likewife,  very  clear  to  me  % 
that,  they  were  convinced  44  how  nearly  the  Ame- 
« ricans  muft  be  affefted  by  any  attacks  upon 
44  the  Conftitutional  Rights  and  Liberties  of  their 
“ Fellow-Subjefts  refiaing  in  Great  Britain  ; and 
*«  that  they,  perceiving  the  Oppreffions  they  and 
“ the'  Colonies  actually  fuffered  proceeded  from 
44  the  fame  caufe  •,  and  alfo  feelingly  fympathiz- 
44  in®-  with  thofe  noble  Spirits , who  had  flood,  and 
44  we're  then  {landing,  as  it  were,  in  the  Breach, 
44  fronting  the  whole  coliefted  Fury  of  .Minifterial 
44  Vengeance  ; therefore  they  gave  this  free  and 
44  liberal  aid,  that  the  fame  might  be  applied 
in  Defence  of  the  Conftitutional  Rights  of  all 
“ tk*Subjetf:s  of  tjie  Britilh  Empire  and  par- 
44  ticularly  for  Supporting  fuch  of  their  Fellow- 
44  Subiefts,  who,  by  averting  the  juft  Rights  of 
44  the  People,  become  obnoxious  to  Adminiftra- 
44  tion,  and  fiiffer  from  the  Hand  of  Power. 

44  I am  alfo  perfuaded,  that  this  Aftiftance  was 
44  given  upon  an  idea,  that  thofe  noble  Purpofes 
44  could  not  be  carried  into  execution  in  any 
44  meafure  fo  effectually  as  by  placing  the  Mo- 
44  ney  in  the  Hands  of  the  Gentlemen  Supporters 
44  of  The  Bill  of  Rights , that  truly  Patriotic  Body 
44  of  Men-,  fo  that  Peace,  and  Happinefs,  and  Con- 
44  ftitutional  Security,  might  thereby  be  exten- 
44  ftvely  and  freely  enjoyed  .by  every  Subject 
44  throughout  the  Britilh  Empire. 

* The  Committee's  Letter  to  the  Agent. 

T\a 


[ 9 ] 

Ko  Man  can  deny  that  thefe  were  the  often- 
Able  reafons  for  this  extraordinary  Gift ; and  as 
all  our  prefent  Diftradions  fpring  from  this  Angle 
fource ; and  as  the  tendency  or  the  meafure 
makes  this  fubjed  a point  of  fome  concern;  I 
fliall  take  the  liberty  to  examine  it  with  all  that 
fpirit  of  Freedom,  which  it  feems  to  have  been 
the  ambition  of  thewAfiembly,  in  other  cafes,  tp 
cultivate  and  improve.  I fly  to  the  great  Bul- 
wark of  our  Liberties — the  Prefs  — and  as  it  is 
the  peculiar  privilege  of  z free-born  Subjed  of ' 
Great  Britain  to  conflder  the  legality,  juftice, 
and  propriety  of  Public  Meafures,  no  Man,  with 
any  face  of  reafon,  can  blame  my  condud  in  this 
refped.  I purpofely  avoid  every  perfonal  reflec- 
tion ; neither  is  it  my  defign  to  caft  a flur  on  a 
Angle  Individual,  or  to  point  at  the  charaders, 
principles,  or  tenets  of  Private  Perfons.  — It  is 
the  ad  of  the  whole  Body  which  alone  engages 
my  attention ; and,  therefore,  if  any  word  or 
phrafe  can  be  tortured  to  import  private  reflec- 
tions, let  them  call  to  mind,  that  I profefs  to  treat 
of  Meafures , not  of  Men. 

I believe  it  will  be  readily  allowed,  by  every 
Perfon  of  common  Underftanding,  that  the.  Purity 
of  an  Intention  is  not  of  itfelf  alone  _a  fubftan- 
tial  reafon  for  a meafure  grounded  thereon  ; and 
it  is  a point  alike  obvious  and  admiffible,  that 
whatever  Ads,  for  the  advancement  of  the  Pub- 
lic Good,  are.propofed  to  be  adopted  by  a Le- 
giflative  Body,  muft  have  their  foundation  in  the 
Conftitution, . or  ought  to  be  rejeded  : becaufe, 
under  imaginary  notions  of  doing: good  upon  falfe 
principles,  they  may  be  infenflbly  led  to  commit 
great  evil : it  is,  therefore,  incumbent  upon  all 
Bodies  Politic , to  examine  with  the  utmoft  nicety 
and  preciflon,  the  true  bottom  and  foundation  of 
every  propofltion,  left  they  fheuid  be  unwarily 

C betrayed 


I lo  ] 

■betrayed  to  wound  that  Conftitution,  which  it  is 
their  Duty  to  fupport.  Legiflators  muft  never 
do  any  thing,  merely  becaufe  they  dare ; for 
this  is  a.  bafe  and  ignoble  maxim  : — they  muft  al- 
ways Virtuoufly  Dare  to  do  what  is  Rights  that 
they  may  be  cautioufly  fearful  of  doing  what 
is  Wrong. 

The  Money  being  thus  voted  and  remitted,, 
was  actually  paid  to  the  Illuftrious  Supporters  of 
the  Bill  of  Rights , or  to  the  Secretary  of  that 
Society  for  their  ufe,  according  to  the  intention 
of  the  gift : how  the  fame  has  been  applied  is  a 
kind  of  fecret,  which  will  probably  remain  fo ; 
and  it  is  very  foreign  to  my  prefent  purpofe,  to 
pafs  even  a conjecture  on  this  head. 

About  the  month  of  March,  1770,  the  Lower 
Houfe  fent  to  His  Majefty’s  Council  (being  the 
Upper  Houfe  of  Aftembly)  the  Annual  Tax- 
Bill,  to  defray  the  Charges  of  the  Government 
from  the  firft  day  of  January  to  the  thirty-firft  day 
of  December,  1769,  both  days  inclufive,  and  for 
other  Services  therein  mentioned;  andonthe  fecond 
reading  thereof,  and  alfo  of  the  Schedule  there- 
to annexed,  the  Council  difcovered  the  following 
Charge:  viz.  “ To  Jacob  Motte,  Efq.  ad- 
vanced by  him  to  certain  Members  of  the 
Houfe,  by  a Refolution  of  the  Houfe  of  the 
“ eighth  of  December  laft,  10,-500  1.”  and  the 
Council,  by  a meftage  to  the  Lower  Houfe,  dated 
the  fifth  day  of  April,  1770,  declared.  That  the 
Grant  of  the  Sum  beforernentioned  did  not  ap- 
peal, in  any  fenfe,  honourable,  fit,  or  decent : not 
hit  or  Honourable,  as  they. conceived  the  Affem- 
bly  s JurifdiCtion  was  merely  local,  and  for  Pro- 
vincial Purpcies  ; and  not  Decent,  as  the  Grant 
by  the  Tax -Bill  was  exprefsly  declared  to  be  for 
His  Majefty,  and  >et  contained  a provifton  high-- 
y aTrontive  to  His  Majefty’s  Government,  which 

they 


I 11  ] 

they  declared  to  have  ever  been,  in  their  opinion^ 
Gracious,  Mild  and  Good,  to  all  His  faithful 
People.  The  MelTage  was  temperate;  and  cal- 
culated to  perfuade  the  Lower  Houfe  to  remove 
that  obftacle  which  prevented  them  from  giving 
their  concurrence  to  the  Bill. 

The  AlTembly  fent  an  Anfwer  two  days  after, 
returning  the  Council’s  Meffage  for  their  Calm 
Re-con fideration;  which  was  immediately  followed 
by  another  from  the  Upper  Houfe,  exprelfing  that 
the  Aflemblv’s  Proceedings  were  neither  Parlia- 
mentary or  proper  ; and  that  they  were  determin- 
ed to  adhere  to  their  former  fentiments.  About 
this  time  a Prorogation  rook  place  ; and  thus 
ended  the  Bufinefs  of  this  Sefiion. 

The  Legifiature  again  fat  in  Auguft  following, 
when  the  Honourable  William  Bull,  Efq.  Lieu- 
tenant Governor,  communicated  a Copy  of  His 
Majefty’s  additional  Inftruction  to  the  Governor, 
which  had  then  lately  come  to  his  Honour’s  hands, 
bearing  date  the  fourteenth  day  of  April,  1770. 

This  Inftrtnftion  recites,  “ That  the  Lower 
“ Houfe  of  AlTembly  in  South  Carolina  had  lately 
tc  affumed  to  themfelves  a power  of  ordering,  with- 
“ out  the  concurrence  of  the  Governor  and  Coun- 
“ cil,  the  Public  Treafurer  of  the  faid  Province 
w to  ilTue  and  advance,  out  of  the  Public  Trea- 
“ fury,  fuch  Sums  of  Money,  and  for  fuch  Ser* 
“ vices,  as  they  had  thought  fit. — It  next  ftates  the 
“ Cafe  before  rehearfed,  which  was  the  very  occa- 
“ fion  of  this  new  Inftruftion  ; and  after  deeming 
“ it  juft  to  put  a ftop  to  fuch  dangerous  and  un- 
“ warrantable  Practices,  and'  for  guarding  againft 
“ fuch  unconftitutional  Application  of  the  King’s 
“ Treafure,  Chearfully  Granted  to  Plis  Majelty, 
“ for  the  public  Ufes  of  the  Province,  and  for 
(c  Support  of  the  Government  thereof.  His  Ma- 
!“  jelly  is  pleafed  to  direft  the  Governor,  on  Pain 
C 2 “of 


t 12  1 

*<  of  Removal,  not  to  give  his  Affent  to  any  Bill 
« that  fhall  be  paffed  by  the  Lower  Houfe.  of 
« Aflembly,  by  which  any  Sum  of  Money  fhall 
“ be  appropriated  to,  or  Provifion  made  for,  de- 
« fraying  any  Expence  incurred  for  Services  or 
‘ Purpofes  not  immediately  arifing  within,  or  in- 
« cident  to,  the  faid  Province,  unlefs  upon  the 
King’s  Special  Requifition  •,  nor  to  any  Bill  for 
Granting  any  Sum  to  His  Majefty,  &c.  in 
« which  Bill  it  fhall  not  be  Provided,  in  expreis 
“ Words,  that  the  Money  fo  to  be  Granted,  or 
« any  Part  thereof,  fhall  not  be  Iffued  or  Applied 
<c  to  any  other  Services  than  thofe  to  which  it 
« is  by  the  faid  Bill  appropriated,  unlefs  by  Aft 
“ or  Ordinance  of  the  General  AfTembly  of  the 
“ faid  Province. 

“ The  Proclamation  next  forbids  the  Gover- 
nor  to  give  his  Affent  to  any  Bill  paffed  by  the 
« Lower  Houfe,  by  which  any  Sum  fhall  be 
« Granted  to  His  Majefcy,  &c.  generally,  and 
“ without  Appropriation,  unlefs  there  be  aClaufe 
« inferted,  Providing,  that  the  faid  Money  fo  to 
- “ be  Granted  fhall  remain  in  the  Treafury,  fub- 
“ jed  to  fuch  Appropriation  as  fhall  thereafter 
“ be  made  by  Ad:  or  Ordinance  as  aforefaid. 

“ It  contains  alfo  a Provifion,  that  in  all  fu- 
“ ture  Bills  for  Raffing  and  Granting  Public 
“ Monies,  a Claufe  be  added,  lubjeding  the 
“ Public  Treafurer,  &c.  in  cafe  he  fhall  Iflue  or 
“ Pay  any  fuch  Money  otherwife  than  by  ex- 
<(  prefs  Order  contained  in  fome  Ad  or  Ordi- 
“ nance  of  the  General  Affembly,  to  a Penalty 
<e  in  Treble  the  Sum  fo  Iffued  contrary  thereto, 
€t  and  declaring  them  to  be  ipfo  faffo  incapable 
of  holding  his  faid  Office,  Or  any  other,  Civil 
or  Military,  within  the  faid  Province.  ” 

On  the  thirtieth  day  of  Auguft,  1770,  the 
Commqns  Houfe  of  Affembly  made  another  ex- 
periment. 


t *3  1 

periment,  by  fending  a like  Tax-I^ill  and  Sche- 
dule, containing  the  fame  obnoxious  Item  as  the 
former,  which  the  Upper  Houfe  rejected  on  the 
firft  reading  ; a thing  feldom  done,  and  perr 
haps  only  allowable  in  certain  cafes  : however, 
this  Seffion  ended  like  the  preceding  one,  by  a 
Prorogation  to  the  1 6th  of  January  1771. 

On  the  15th  of  February  following  the  Lieu- 
tenant Governor  communicated  to  the  Coun- 
cil the  following  paragraph  of  a Letter  which  he 
received  the  fame  day  from  the  Right  Honour- 
able the  Earl  of  Hilfborough  : “ I muft  not 
“ omit  to  acquaint  you,  that  the  becoming  man- 
“ ner  in  which  the  Council  have  exerted  thcm- 
“ felves  in  fupport  of  his  Majefty’s  Meafures,  has 
“ not  efcaped  the  King’s  Obfervation  ; and  I am 
“ commanded  to  fignify  to  you  his  Majefty’s 
“ Pleafure,  that  you  fhould  exprefs  to  them 
“ his  Majefty’s  Approbation  of  their  Conduct;’* 
which  his  Honour  the  Lieutenant  Governor  did 
accordingly. 

It  would  be  tedious  and  unprofitable  to  fet 
down  the  many  Meetings  of  Afiembly  ftnee  this 
period,  or  to  mark  the  feveral  Prorogations  and 
Difiolutions  which  have  taken  place  from  time 
to  time;  it  being  fufficient  for  the  prefent  purpofe 
to  obferve,  that  the  feveral  Tax-Bills  fm'ce  Auguft. 
1770  have  been  reje&ed  by  the  Upper  Houfe 
upon  the  fame  principle  that  influenced  them  to 
rejeft  the  former  Bills  •,  and  the  fame  obftruftion 
to  public  bufinefs  ftill  remains  ; the  fame,  firmnefs 
in  the  Council  in  oppoftng  what  the  Afiembly 
infill  upon  as  a Right,  tho’  difallowed  by  the 
King’s  lnftrinftion ; and  the  fame  obftinacy  in 
the  Commons  Houfe  to  maintain  the  Right  con- 
tended for : every  feafon  has  produced  warm 
refolutions  and  meffages  in  a ftile  of  contempt 
and  intemperate  refentment. 


I cannot 


t i4  ) ■ ;, 

I cahnot  omit  taking  notice  in  this  "place,' 
that  in  Oflober  1771  another  Tax-Bill  was 
brought  to  the  Upper  Houfe,  and  in  Novem- 
ber following  was  returned  to  the  Lower  Houfe, 
with  a mefiage  grounded  on  the  .original  objec- 
tion ; and  as  they  in  the  courfe  of  this  Sellion 
proceeded  fo  far  as  to  commit  the  prefent 
Public  Treafurers  for  a non-compliance  on  their 
part  with  a new  order  of  the  Houfe  for  pay- 
ment of  money  for  a public  ufe  upon  their 
cwn  Authority  alone , and  in  the  face  of  the 
King’s  InftruCtion  providing  againft  any  fuch 
attempts,  the  Houfe  was  immediately  diffolved. 
In  April  1772,  when  Lord  Charles  Montague 
was  in  the  Adminiftration  of  Public  Bufinefs,  he 
took  occafion  in  his  Speech  at  the  opening  of 
that  Seflion,  to  acquaint  the  Commons  Houfe 
of  Afiembly,  that  his  IVlajefty  “ had  lately  again 
“ fignified  to  him,  that  it  was  his  pleafure,  That 
cc  he  (hould  adhere  with  firmnefs  to  the  direc- 
“ tions  contained  in  his  additional  inftruCtion 
“ of  the  14th  of  April  1770  ; and  that  it  was 
“ his  firm  refolution  to  adhere  to  the  Confti- 
* tution.” 

The  Provincial  Agent  has  been  inftruCted  to 
apply  to  the  Crown,  requefting  his  Majefty 
to  reconfider  the  faid  Inftru&ion  and  alfo  to 
withdraw  the  fame.  A Petition  was  accordingly 
prefented  for  that  purpofe  but  the  Inftrudtion 
has  neither  been  vacated  or  withdrawn  : the 
Reader  will  therefore  clearly  perceive  that  a fo- 
lemn  confirmation  of  the  Royal  Order  in  his 
Majefty ’s  Privy  Council  places  the  difpute  at 
fo  great  a diftance,  that  there  is  not  the  leaft 
fhadow  of  expectation  that  the  Crown  will  re- 
voke an  ACt  framed  upon  mature  deliberation. 
Befides,  after  the  moft  gracious  condefcenfion  on 
.the  King’s  part  to  the  ardent,  wifhes  of  the  Com- 
mons 


[ 15  7 

frions  Houfe  of  Afiembly,  the  faid  IhftruCKorf 
having  been  ratified  and  confirmed  on  a revi- 
fion  of  the  merits,  it  is  the  moft  unpardonable 
prefumption  to  look  for  further  conceflions 
from  the  Crown. 

It  is  not  foreign  to  the  point  to  obferve, 
that  the  King’s  Minifters  have  been,  from  time 
to  time,  furnifhed  with  every  plaufible  argu- 
ment in  favour  of  the  Vote  and  Refolution,  and 
with  every  precedent  from  their  Journals,  that 
by  any  conftruCtion  can  be  confidered  as  a plea 
for  fuch  a practice ; and  therefore  the  cafe  has 
been  in  as  fair  a train  as  poffible,  and  mull:  be 
prefumed  to  have  undergone  the  ftriCteft  fcru- 
tiny  and  enquiry.  But  notwithstanding  all  thefe 
advantages  on  the  fide  of  the  Commons  Houfe, 
and  that  nothing  urged  by  them  has  ever  been 
oppofed  or  contradicted  by  any  other  body  of 
men  before  the  Privy  Council,  the  fame  obftacle 
ftands  in  the  way  ; and  not  a fingle  public  debt 
has  been  provided  for  fince  the  commencement 
of  this  difpute  on  the  fatal  8th  of  December 
1769.  And  that  we  may  form  fome  idea  how  the 
Royal  Mind  ftands  affeCted  in  relation  to  this  fub- 
ieCt,  fo  late  as  the  month  of  June  1773,  I give 
you  the  following  ExtraCt  from  my  Lord  Dart- 
mouth’s Letter  to  his  Honor  the  Lieutenant 
Governor,  relative  to  the  Council’s  having  in 
March  laft  rejected  the  Tax- Bill,  which  lie 
communicated  to  the  Council  the  6th  day  of 
Auguft  laft,  viz.  His  Lordlhip  acquaints  him, 
“That  the  faid  proceeding  of  the  Council  was 
“ confidered  by  the  King  as  a frelh  mark  of 
“ their  zeal  and  duty ; and  his  Lordlhip  was 
“ further  commanded  to  defire,  that  his  Ho- 
“ nor  would  not  fail  to  figmfy  to  the  Council 
“ his  Majefty’s  Approbation  of  their  ConduCt 
which  his  Honor  then  did  with  great  pleafure. 

Thus 


r 16  i 

Thus  have  I moft  difpafiio’nately  and  candidly 
Rated  every  material  circumftance  attending  this 
important  fubjeCt,  nearly  in  the  words  ufed  by 
the  feveral  parties  in  the  courfe  of  the  trans- 
action ; and,  as  far  as  I can  judge,  in  no  fhape 
contradictory  to  their  genuine  fenfe  and  mean- 
ing. I am  not  confcious  that  any  thing  is  omit- 
ted which  can  give  light  or  information  in  the 
cafe  j and  tho’  I have  been  neceffarily  obliged  to 
trefpafs  upon  my  Reader’s  Patience  in  order  to 
colleCt  the  fubftance  of  every  Legiflative  ACt, 
and  bring  it  into  a clear  point,  of  view,  fo  far 
as  relates  to  the  Vote  and  Order  of  die 
Commons  PMufe  of  Aflembly,  yet  I truft  that 
the  matter  in  difpute  will  be  now  more  clearly 
underftood.  v 

The  true  points  of  debate,  then,  may  be  com- 
prehended in  a few  plain  pofitions,  arifing  from 
the  above  detail  of  faCts,  viz.  That  the  Commons 
Houfe  of  Aflembly  ftgnalized  themfelves  in  fa- 
vour of  a Club  called  the  Supporters  of  the  Bill 
■ of  Rights , held  at  the  London  Tavern,  by  vot- 
ing in  December  1 769  1500I.  Sterling  for  their 
ufe,  and  ordering  the  Public  Treafurer  to  pay 
the  fame  out  of  any  monies  in  the  Treafury. 

That  this  Order  was  made  by  their  own  Sole 
Authority , independent  of,  and  without  the  pri- 
vity'or  confent  of  the  other  two  branches  of 
the  Legiflature. 

That  when  the  firft  Annual  Tax-Bill  was 
fent  to  the  Upper  Houfe  in  the  month  of 
March  1770,  with  a Schedule  annexed  contain- 
ing the  following  charge,  viz.  “ To  Jacob 
“ Motte,  Efq.  advanced  by  him  to  the  perfons 
“ named  by  a Refolution  of  the  Houfe  10,500!. 
“ (being  of  the  value  of  1500I  Sterling}”  the 
Council  rejected  the  faid  Bill,  and  feverai  fub- 

fequent 


t *;  I 

Sequent  ones  have  fxnce  met  with  the  like  fat# 
for  the  very  fame  reafon. 

That  the  conduct  of  his  Majefty’s  Council  has 
not  only  been  twice  highly  approved  by  the  King 
himfelf,  but  the  ’dilpute  has  been  taken  up 
by  the  Crown  ; and  by  an  additional  Inftruftion 
to  the  Governor,  fuch  Orders  have  been, declared 
to  be  unconftitutional  j and  the  like  praftice 
has  been  thereby  fully  provided  againft  in  future. 

That  the  Affembly,  tenacious  of  their -Rights 
as  conceived  by  them,  and  obftinate  in  adhering 
to  the  meafure  which  had  given  fo  juft  caufe  of 
offence,  have  repeatedly  perfifted  in  the  juftice 
and  propriety  of  the  original  Vote  and  Order, 
notwithftanding  his  Majefty’s  royal  interpofttion 
in  the  cafe. 

Thus  ftands  this  important  Conteft  between 
the  Crown  and  the  People’s  Reprefentatives  of 
his  Majefty’s  Colony  of  South  Carolina. 

Let  us  now  proceed  to  confider  the  Act  of  the 
Commons  Houle  with  a bold  and  manly  freedom , 
and  in  all  the  different  views  in  which  it  can  be 
placed. 

Firft,  then,  the  meafure  was  originally  bad, 
in  every  fenfe  of  the  word.  For  granting  the 
power,  for  argument  fake,  to  be  in  the  Affem- 
bly to  pals  fuch  a Vote  and  Order,  independently 
of  the  other  two  Branches  of  the  Legiflature 
ftill  the  exercife  of  fuch  a power,  in  the  cafe 
ftated  by  the  Order,  was  idly  and  unnecejfarily 
wanton ; the  appropriation  of  the  fum  for  the  pur- 
pofes  mentioned,  arbitrary  and  unjujl  • the  objedts 
of  their  benevolence,  laughable , ridiculous , and 
abfurd  j and  the  pretended  caufe  of  the  Grant,  a 
grofS'  and  -palpable  affront  to  his  Majefty,  as  alio 
to-  his  Government. 

That  the  A£t  was  both  idle  and  wanton,  may 
appear  from  a confideration  of  the  Roval  pro 

D dileiftibn 


t I*  ] 

dile&lon  in  favor  of  this  Colony  on  numberlefit 
occafions.  The  King’s  Minifters  have  ever  been 
open  to  accefs,  and  almoft  every  propofition  from, 
the  Agent  has  been  attended  with  remarkable 
fuccefs  : in  war,  we  have  been  peculiarly  pro- 
tected by  an  early  appointment  of  Convoys  ; and 
Government  has  afforded  its  beft  aid  to  procure 
liberal  Bounties  on  the  various  produces  of  the 
country  : in  Ihort,  the  Colony  of  South  Carolina 
may  be  confidered  as  one  of  the  moft  favour- 
ed foils  in  his  Majefty’s  American  Dominions. 
That  the  meafure  was  arbitrary  and'  unjuft,  I 
appeal  to  any  man  of  common  lenfe  and  under- 
ftanding.  The  Delegates  of  the  People  may  raife 
money-,  it  is,  perhaps,  their  immediate  province 
to  originate  Supply  Bills,  and  to  lay  Duties, 
Taxes,  and  Impofitions  upon  the  People,  with 
the  concurrence  of  the  other  Branches  of  the 
State : but  under  pretext  of  thefe  Conftitutional 
and  inherent  Powers,  they  ought  not  to  extend 
thefe  Rights  beyond  the  original  views  and  in- 
tention of  thofe  from  whom  they  derive  their 
whouKuthoritv.  There  is  a line  of  JurifdiCtion  for 
everywder  of  men  in  a civilized  date,  beyond 
which  they  cannot  pafs  ; and  fit  it  is  that  Public 
Bodies  fhould  have  boundaries,  reflraints,  and 
limitations,  fince  they  are  equally  liable  with 
Individuals  to  be  milled  by  palfion,  fancy,  or 
caprice.  . 

With  what  colour  of  juflice  could  the  Afiem- 
bly  tax  their  Conftituents,  and  apply  their  money 
for  purpofes  altogether  foreign,  under  pretence 
cf  a power  to  raife  money  upon  the  People,  for 
fervices  or  purpofes  immediately  arifing  withiri 
or  incident  to  the  Provinces  ? Their  Authority 
is  local  \ and  as  their  Laws  are  only  made  for 
their  own  internal  Government,  and  extend  not 
beyond  the  Jurifdidtion  to  which  they  refer,  fo 

in 


it  19  1 

in  like  manner  muft  every  Legiflative  Adt  be^r  A 
local  reference,  and  every  Grant  or  Appropriation 
of  Money  muft,  generally  fpeaking,  be  made  for 
real  and  fubftantial  fervices  performed  to  the  Pro- 
vince. They  have  no  more  right  to  raife  money 
upon  conftruftive  ideas  of  benefit  and  fervice, 
than  the  Judges  have  to  declare  conjlruftive 
Treafons  : No;  the  Law  has  defined  and  clearly 
pointed  out  the  crime  of  Treafon,  and  the  £on- 
ftitution  has  as  precifely  afcertained  the  power  ojf 
the  Commons  to  give  and  grant. 

It  may  be  faid,  that  the  Affembly  have  many 
times  voted  fums,  by  way  of  Relief  to  theif 
Sifter  Colonies  labouring  under  any  general  Ca- 
lamity ; and  hence  it  may  be  inferred,  that  they 
have  aright  to  difpofe  of  the  People’s'  Mjpney* 
and  apply  it  to  other  ufes  than  for  their  own  im- 
mediate lervice.  I readily  allow  the  firft  part 
of  the  pofition,  but  I deny  that  fo  general  a 
conclufion  can  be  fairly  drawn  from  it.  The 
mifery  and  fufferings  of  our  fellow-creatures  de- 
mand our  aid ; Humanity  dictates  the  leflijn  j 
Nature  pleads  for  it ; and  Gratitude  reqrafes  it ; 
and  therefore  this  cafe  is  neceffarily  excelled  out 
of  the  general  maxim  : befides,  what  one  Co- 
lony gives  to  another  is  in  fofne  refpedt  a kind 
of  loan ; inafmuch  as  the  like  return  is  made 
to  our  benevolence  when  Diftrefs  vifits  our  own 
borders.  Neither  this  cafe,  nor  a Grant  of  Mo- 
neys upon  a Royal  Requisition,  can  afford  the 
leaft  pretence  for  a Vote,  grounded  upon  merely 
an  ideal  benefit,  fuch  as  the  Order  ftates. 

It  is  true,  that  the  Commons  are  to  judge  and 
determine  in  what  cafes  they  will  or  ought  to 
give  and  grant  ; but  furely  it  is  implied,  that 
they  fhall  not  arbitrarily  and  injurioufiy  appro- 
priate the  Public  Treafure,  and  thereby  abufe 
the  confidence-  repofed  in  them  by  the  People, 

D 2 Surely 


t 20  ] 

Surely  it  will  not  be  contended,  that  they  have 
a right  to  impoverifh  the  Memb»ers  of  the  State, 
when  the  necefiities  of  Government  require  no 
fuch  exertions.  Admit,  for  a moment,  that  the 
Aflembly  are  pofiefled  of  a power  to  apply  the 
Money  of  their  Conftituents  to  any  purpofes  ge- 
nerally, and  we  muft  alfo  admit,  that  they  may 
do  fo  to  any  Amount  and  Extent  whatever  •,  and 
then,  I think,  the  Reprefented  are  in  a Hate  of 
abfolute  Vaffalage  and  ruinous  Dependence. 

Is  it  not  an' Arbitrary  Aft  to  tax  the  Eftates 
of  the  Subjects  in  this  Colony  to  fupport  a pri- 
vate Club , a Tavern  Club , a fabliaus  Club , upon 
any  fpecious  pretence  or  colourable  excufe  ? — 
Is  it  juft,  fit,  of  reafonable,  that  Burthens  fhould 
be  laid  upon  the  People,  to  ferve  a job  or  gratify 
a whim  ? — Can  Men  fuffer  themfelves  to  be  fo  de- 
luded, and  amufed,  to  their  lofs  as  well  as  fhame  ? 
— Are  chains  more  tolerable,  becaufe  impofed  by 
our  own  confent  ? — Can  Men  tamely  Surrender 
their  Reafon,  and  the  power  .of  Judging  for  them- 
felves, by  a Angle  abl  of  Delegation?  — Was  it 
their  fenfe  and  meaning,  to  fumifh  their  Confti- 
tuents with  rods  for  their  own  backs ; and  are 
thofe  whom  they  chofe  to  reprefent  and  to  protect 
them,  to  be  their  Executioners  ? — Is  the  Colony 
arrived  to  full  maturity  y1— -Has  it  no  wants  of  any 
kind  ? — Does  it  ftand  in  need  of  no  Supplies  for 
Beneficial  Eftablifhments ; for  the  Encreafe  and 
Advancement  of  the  Products  of  the  Soil ; the 
Extenfion  of  its  Commerce,  and  the  Promotion 
of  ufeful  Knowledge  ? Are  the  feveral  Counties 
fo  well  fupplied  with  Churches,  Chapels,  and  Spi- 
ritual Teachers  and  with  Schools  f6r  the  Inftruc- 
tion  of  Youth  ; or.  Are  thePublic Roads,  Bridges, 
Caufeways,  andFortifications,in  fuch  perfect  ftate 
and  condition  y and  are  the  circumftances  of  the 
.Colony  in  general  fo  extremely  eafy,  that  the 

Treafury 


C 3 

Treafury  meet  only  to  receive , and  not  to  pay? 
If  thefe  things  are  fo,  we  may  overlook,  for  once 
at  leafl,  the  idle  prodigality  complained  of : but  if 
thefe  queftions  cannot  be  favourably  anfwered. 
Every  Man  in  the  Community  is  injured  to  a, 
certain  degree*  and  every  Sum  diverted  from  their 
Service,  is  an  Aft  of  real  Tyranny' and  Infolent 
Oppreffion. 

For  my  own  part,  I muft  candidly  confefs,  that 
3 never  reflefted  in ' my  mind  upon  this  fubjeft, 
but  I found  two  very  different  paffions  excited  in 
my  breaft,  mirth  and  refentment.  The  comical 
part  of  the  flory  is.  That  a Co  lleft ive  Body  of 
Men,  in  their  grave  and  fenatorial  ft  at  ions  ^ Ihould 
perfuade  themfelves,  that  Magna  Charta , the 
■Habeas  Corpus  Aft , and  the  Bill  of  Rights,  flood  in 
need  of  a little  propping  from  a Club  of  Men 
whofe  ftandard  was  fet  up  at  the  London  Tavern. 
That  the.  King,  Lords,  and  Commons  of  England 
were  either  remifs  in  their  Duty  to  the  State,  or 
indifferent  about  it  *,  that  all  the  Virtue  and  Pub- 
lic Spirit  in  the  Nation  had  fqueezed  itfelf  into  the 
London  Tavern  ; and  that  nothing  could  fave 
Britain  and  America,  but  a little  ablution  at  that 
facred  fpring  * are  fuch  abfurd  and  laughable  cir- 
cumflances,  that  no  Age  or  Nation  can  furnifh  a 
Precedent  fo  fuperlatively  ridiculous  and  weak  ! 
Enjoy  the  laugh  for  a moment — fupprefs  your 
anger,  and  image  to  yourfelves  a fet  of  fedate  fen- 
fible  Politicians,  with  big  wigs  and  grave  faces, 
unanimoufly  palling  fuch  a Vote,  and  fuch  an 
Order,  by  the  plenitude  of  their  own  power. 

View  the  cafe  in  a ferious  light,  and  it  is  im- 
poflible  to  fit  Calm  and  unmoved  at  the  relation. 
What  could  influence  Men  to  flep  forth,  and,  by 
an  unconflitutional  ^nd  unwarrantable  flretch  of 
Power,  to  mifapply  the  Public  Money,  and  at 

the 


! * 1 

the  fame  time  offer  fo  grofs  an  infult  to  His  Ma-  . 
jefty’s  Government  both  at  home  and  abroad  ? 

The  Houfe  of  Commons  have  never  gone  far- 
ther than  palling  a Vote  of  Credit  upon  a requi- 
fition  from  the  King  *,  and  That  for  Public  and 
Beneficial  Purpofes,  and  on  Great  and  Emergent 
Occalions  : but  this  Order  can  never  be  confider- 
ed  in  the  nature  of  a Vote  of  Credit ; for  it  is 
literally  iffuing  Money  out  of  the  Treasury,  the 
application  whereof  has  either  been  directed  by 
Taw,  or  the  fame  is  part  of  certain  Surpluses 
arifing  from  different  Funds,  which  though  raifed, 
exceeds  the  Necefiity  for  which  the  fame  was 
granted,  and  therefore  remains  in  the  hands  of 
the  Treafurer,  to  be  accounted  for  as  the  refpec- 
tive  Laws  limit  and  appoint.  It  is  therefore  ex- 
tremely evident,  that  fuch  Surplus  Money  is  a 
Idnd  oi  facrum  depojiium  in  the  Treafurer’s  hands, 
which  only  the  United  Branches  of  the  Legiflature 
can  appropriate  or  iffue.  What  is  once  granted 
to  His  Majefty,  cannot  be  diverted  from  the  ufes 
to  which  it  is  meant  to  be  applied,— No  one  in  his 
fenfes  can  contend  that  it  may  : and  it  is  equally 
abfurd  for  one  Branch  of  the  Legiflature  to  touch 
Surplus  Money ; not  only  becaufe  the  fame  has 
been  actually  granted,  and  to  the  perfection  of 
which  Grant  the  Three  feveral  Branches  .of  the 
Legiflature  had  unitedly  concurred,  and,  there- 
fore, the  like  Powers  only  can  direCt  a different 
appointment  refpeCting  the  fame;  but  alfo  becaufe 
a'  Grant,  till  vacated  by  as;  folemn  an  ACt,  mull 
Hand  good,  and  will  continue  to  bind  the  Money,- 
fo  as  to  prevent  any  appropriation  whatfoever, 
till  a Law  dire&s  it.  And  it  is  a joke  to  fay,  that 
Surplus  Money  may  be  borrowed  in  this  loofe 
way,  upon  an  idea,  that  what  is  not  wanted  re- 
vefts,  as  it  were,  (by  a kind  of  ingenious  fiCtion) 
in  the  People,  or  in  their  Reprefentatives  in  their 

behalf. 


[ *3  ] 

behalf.  For,  How  can  this  fiftion  operate  as  a 
fort  of  virtual  Repeal  of  the  Law  which  granted 
the  Sum  ? or.  At  what  moment  of  time,  and  by 
what  kind  of  fecret  Magic,  was  the  fame  effefted  ? 
—For,  being  once  verted  in  the  King,  by  Law^ 
how  can  any  part  thereof  become  diverted  by  a 
mere  partial  Order  of  only  the  Lower,  and  molt 
fubordinate,  Houfe  of  Legiflature  ? Weak  men 
will  difpute  any  point,  however  idle  and  abfurd  y 
wife  men  will  both  reafon  and  difpute ; and  fools 
will  difpute,  and  refufe  to  be  convinced.  That 
His  Majefty’s  Council  have  fomethrng  to  do  in 
the  Money-concerns  of  the  Colony,  appears  by 
an  Aft  of  Affembly,  parted  the  twentieth  of  Sep- 
tember, 1721,  entitled,  « An  Aft  for  Appointing 
“ a Public  Treafurer,  and  other  Public  Officers-,’* 
by  which  they  are  made  liable  to  be  called  to  ac- 
count by  each,  and  either,  Houfe  of  Affembly, 
and  their  bonds  put  in  fuit  • by  the  direction  of 
either  Houfe,  &c. 

Now,  to  fliew  that  the  Ordering  Surplus  Mo- 
nies to  be  paid  upon  a direction  of  the  Commons 
Houfe  alone,  cannot  be  altogether  proper,  I muft 
take  notice,  that  divers  Laws  make  provifion  in 
fuch  cafes ; and  particularly  the  General  Duty  Aft 
parted  the  fourteenth  of  June,  1751,  refpeftin^ 
the  Duties  impofed  thereby,  viz.  That  “ what> 
<c  ever  Surplus  fhall  be  remaining  "of  the  faid 
“ Duties,  after  paying  the  feveral  Demands  and 

Outgoings  by  this  Aft  direfted,  every  fuch 
ft  Surplus  fhall  be  carefully  retained  by  the  faid 
“ Public  Treafurer,  until  appropriated  bv  the 
“ General  Affembly.  ” * 

. Similar  Provifions  are  made  by  divers  Other 
Afts  •,  which  demonftrably  prove,  that  Surplus 
and  unapplied  Monies  in  the  Treafury  canhot  be 
drawn  thereout  by  a Vote  and  Order  of  the  Com- 
mons Houfe  alone,  ' 


A 


£ *4  3 

A little  reflection  muft  convince  every  Man, 
*hat  the  Power  contended  for  by  the  Commons 
Houfe  is  of  fo  dangerous  a nature  in  itfelf,  as 
affords  a ftrong  argument  againft  the  exiftence  of 
fuch  Power ; for  if  the  Lower  Houfe  may  fo 
Vote  and  Order  Monies  out  of  the  Treafury, 
which  are  granted  fo  His  Majefty,  and  that  by 
their  own  Authority,  may  not  the  fame  Power  be 
aflumed  by  a Governor,  or  the  Council,  or  both 
unitedly,  to  anfwer  a Job,  or  to  accompliflh  a fa- 
vourite Plan,  independent  of  the  People’s  Reprer 
fentatives  ? — and  the  rather,  when  it  is  confider.- 
ed  that,  by  the  King’s  Twenty-fecond  Inftruc-. 
tion,  as  entered  in  the  Council  Journals,  the  Go- 
vernor “ is  directed  not  to  fuffer  any  Public. 
« Money  whatfoever  to  be  iflued  and  difpofed 
« of,  otherwife  than  by  Warrant  under  his  Hand, 
« by,  and  with,  the  .advice  and  confent  of  the 
“ Council.” 

If  the  matter  is  taken  up  on  ideas  of  common 
fenfe,  it  is  doing  no  violence  to  our  underftand- 
ings  to  fuppofe,  that  a Governor  may  ifiue  Mo- 
nies by  his  own  Order,  as  reprefenting  His  Ma- 
jefty, to  whom  the  fame  were  granted ; but  that 
the  Commons,  who  have  granted  the  Money, 
Ihail  ftill  retain  a power  over  it,  repofiefs  them- 
lelves  of  it,  arid  apply  it  at  their  pleafure,  for  a 
good  reafon  or  a bad  one,  or  for  no  reafon  at  all, 
furpafies  all  human  comprehenfion. 

Happy,  however,  is  our  cafe,  that  the  prefent 
fubjeCt  does  not  reft  upon  Opinion  merely,  but 
js  determinable  by  the  Principles  of  that  Confti- 
tution,  which  ought  to  be  the  pride  and  glory  of 
^11  the  Subjects  of  His  Majefty’s  Dominions. 
The  true  excellence  * of  the  Englifh  Government 
jtonfifts  in  this,  “ that  all  the  parts  of  it  form  a 

* i Blackft.  154. 

“ mutual 


£ *5  J 

mutual  check  upon  each  other.— In  the  Le- 

giflature,  the  People  are  a check  upon  the 
4‘  Nobility,  and  the  Nobility  a check  upon  the 
**•  People,  by  the  mutual  privilege'  of  rejecting 
**.  what  the  other  has  refolved  while  the  King  is 
* a check  upon  both  •,  which  prefer.ves  the  ex- 
“ ecutive  power  from  encroachments.  ” 

In  this  view  it  is,  that  His  Majefty  has  inter- 
pofed  His  Royal  Authority,  by  an  Additional  In- 
Jlrudlion  to  His  Governor,  grounded  upon  an  ac- 
tual, dangerous,  and  unconftituticnal  Encroach- 
ment of  the  Commons  Houfe  of  Aflembly,  in 
the  manner  ftated  in  thefe  fheets. — This  has  been 
done  by  way  of  check  ; and  in  order  to  prevent  a 
p rad:  ice  fo  unwarrantable,  and  that  the  wound 
thereby  given  to  the  Conftitution  may  be  healed, 
the  Inftrucfcion  muft  be  viewed  in  the  light  of  a 
timely  CorreSion  by  the  Executive  Power,  and  as , 
a call  and  admonition  to  aThird  Branch  of  the  Le- 
giflature  to  return  to  Brit  principles,  from 
which  they  had  fo  improperly  departed  •,  and  is 
alfo  intended  to  prevent  in  future,  what  feems, 
to  the  Royal  Judgement,  art.  undue  Encroach- 
ment : it  is,  therefore,  injurious  to  confider  this 
Adt  of  Government  merely  as  a Di-redtion  to  the 
Commons  Houle  of  this  Colony,  how,  and  in 
what  manner,  they  Ihali  frame  and  originate  a Mo- 
ney Bill  i becaufe  the  King  only  tells  them  of 
them  departure  from  the  Conftitution ; points  out 
the  proper  practice,  as  grounded  thereon  ; and,  * 
by  thus  interpofing,  and  prohibiting  His  Repre- ' 
fentative  from  giving  His  Alien  t improperly,  and 
upon  unfit  occafions,  as  alfo  to  remedy  the  evil 
complained  of  with  fo  much  juftice.  His  Majefty 
has  done  no  more  than  exercifed  that  Adi  of  Sove- 
reignty  given  Him  by  the  Conftitution,  for  the 
purpofe  oi  maintaining  the  Juft  Balance  of  the 
£,tate-, 


E 


The 


• L ] 

. The  diftin&ion  is  extremely  obvious,  between 
an  Inftrudion  given  as  a rule  of  conduft  to  the 
feveral  Branches  of  the  Legiflature,  upon  a point  of 
departure  from  acknowledged  principles,  and  an 
Inftrudion  which  contains  new-fangled  ideas,  not 
warranted  by,  or  known  to,  the  Conftitution.  — 
The  one  is  only  a Remembrancer,  as  it  were,  re- 
minding them  what  the  Conftitution  is,  and  giv- 
ing them  a rule  for  adhering  to  it ; which  is  the 
regular  check  lodged  in  the  King’s  hands  to  pre- 
sent Encroachment ; whereas  th<?  other  would  be 
irregular,  and  favour  of  the  nature  of  a trefpafs  : 
and  a novel  Invention , from  whatever  quarter,  is  an 
innovation  upon  the  Other  Branches  of  theLegifla- 
ture.;  Keeping  thefe  obferyations  in  view,  every 
popular  argument  againft  the  King’s  Inftrudions, 
as  beirig  only  a rule  to  His  Governor , and  that’the 
People  are  not  to  be  Injlrufted,  muft  fall  to  the 
ground,  as  inconclufive  and  foreign  to  the 
point. 

I know  that  many  People,  finding  no  warrant 
for  the  practice  contended  for  by  the  Aflembly, 
either  in  the  Proceedings  of  Parliament,  or  in  the 
Conftitution  of  our  Country,  have  immediate  re  - 
courfe  to  the  ufage  of  the  Province  for  a feries  of 
years,  without  controul  or  interruption  ^ and  to 
thofe  who  Ikim  over  a difpute,  without  weighing 
the  force  of  the  feveral  arguments,  this  affertion 
may  be  confidered  as  a good  plea  in  favour  of  the 
practice  and  therefore  I think  it  my  duty  to 
offer  a few  words  on  the  only  feafible  pretence 
which  the  advocates  for  it  can  fet  up. 

It  is  yery  true,  that,  for  feveral  years  antece- 
dent to  the  year  1737,  the  Commons  Houfe  have 
prdered  Monies  to  be  advanced  by  the  Treafur- 
er,  without  the  concurrence  of  the  Council  and 
alfent  of  the  Governor  ; but  from  that  period, 
no  fuch  mode  prevailed,  till  the  year  1751,  or 

ffi  f ' 1752  J 


[ 27  j . • 

15752  i and  fince  that  time  many  Orders  occur, 
fome  fent  for  concurrence,  and  many  not.  This 
difference  of  proceeding  points  out  a diftin&ion  ; 
for  where  they  have  ordered  Monies  arifing  from 
appropriated  Funds  which  have  not  been  wanted, 
the  Council’s  concurrence  and  the  Governor’s 
affent  have  been  applied ’for  : but  where  the  Or- 
ders have  been  general,  they  have,  gone  upon  a 
ihrt^  of  idea,  That  there  were  Surplufages  and 
Balances  fufficient  to  fatisfy  the  Order  without' 
any  intermediate  Inconvenience,  till  the  fame 
could  be  replaced  by  a Public  Tax-Bill ; and  I 
cannot  in  any  other  way  account  for  the  courfe 
of  practice  which  has  at  different  times  pre- 
vailed. 

In  order  to  combat  thefe  Fads,  let  us  previ- 
oufly  reflect  what  flow  advances  Infant  Societies  of 
Men  make  towards  Regularity  or  Perfection ; that 
in  the  firft  outfet  they  are  occupied  in  providing 
for  their  neceffary  wants,  and  fecuring  their  pro- 
tedion-,  the  niceties  and  punctilios  of  Public 
Bufinefs  never  enter  their  heads,  till  they  have 
brought  their  Colony  to  fuch  an  outward  flate 
that  they  feel  fome  Self-conceit  has  crept  into  their 
hearts y then  it  is  that  Men  begin  to  give  the  polifh 
to  their  Ads,  and  to  be  emulous  of  Fame  : the 
Precedents,  therefore,  of  new  Communities  are 
of  very  little  weight ; and  whatever  rank  they 
bear,  the  influence  they  ought  to  have  muft  be 
proportioned  to  the  prevailing  Uniformity  of 
Piadice,  which  is  the  true  badge  of  their  Impor- 
tance ; for  when  there  is  any  long  Interruption 
to,  or  Difcontinuance  of,  a Pradice,  the  fluctu- 
ation creates  Embarraffments,  and  puzzles  the 
Underflanding,  without  leading  the  Mind  to  any 
determinate  conclufion  on  the  point. 

But  granting  for  once,  that  a particular  mode 
has  been  adopted  for  a feries  of  years  without 

E .2  . interruption 


[ 28  ] 

interruption  or  controul*  Time  gives  no  fandiort 
to  Ads  illegal  in  themfelves  and  when  Inconve- 
niencies  arife,  and  the  Blot  is  hit,  the  Merit  of  the 
Pradice  is  then  called  in  queftion,  and  it  is  tried 
apd  muft  be  determined  by  the  Laws  and  Conftitu- 
tionof  ourCountry.  In  like  manner  PublicRights, 
of  what  nature  foever  they  are,  (tho’  dormant  for 
a time)  can  never  be  extinguished,  except  by  the 
Power  that  firft  created  them-,  and  the  continu- 
ance of  a pradice  on  no  better  foundation  than 
Indulgence , confers  no  permanent  and  durable  tide  , 
mere  permiffion.  being  a tenure  at  will : the 
Man  is  in  pofledlon  one  month,  and  the  Lord 
of  the  foil  may  ejed  him  the  next. 

The  inftances  wherein  the.  pretended  pradice 
has  prevailed  may  be  fafely  admitted,  to  Shew  the 
impropriety  of  the  like  pradice  in  the  prefent 
cafe  •,  for  every  one  will  readily  allow,  that  al- 
t-ho’  it  may  be  pardonable  for  Public  Bodies  to 
relax  Somewhat  in  favour  of  the  State,  yet 
it  by  no  -means'  follows,  that  they  may  do 
fo  or!  occafions  unworthy  of  Indulgence.  The 
.inftances  which  the  Affembly  can  cite  for  grant- 
ing Orders  by  their  foie  Authority , refer  to  Pay- 
ments to  their  Governor  for  Indian  Ufes,  Local 
Services,  Salaries  of  Clergy  advanced  on  parti- 
cular occafions,  Furniture  for  the  State  Houfe, 
Books  for  the  Affembly,  for  the  Silk  Manufac- 
tory, and  the  like.  And  fhall  fuch  Precedents 
be  urged  in  defence  of  Orders  made  in  like  form 
on  behalf  of  Clubs , and  idle  fantafik  Meafures  ? 
for  conceits  of  flimfy  Politicians,  and  to  indulge 
a Spirit  of  Fadion  and  Difotder  in  the  Metropo- 
lis of  our  Sovereign’s  Kingdom  ? Can  we  with 
any  face,  plead  Precedents  of  honourable  ten- 
dency to  Support  the  moft  wanton  ads  of  paffion 
and  intemperance  ? Is  it  poffible  for  men  to  be 
ft)  blinded  by  prejudice  and  paffion*  that  Prece- 
dents 


[ 29  ] 

dents  for  doing  real  and  fubftantial  Good  fliall  be 
urged  in  argument  to  promote  the  caufe  of  Evil? 
Alas  ! Reafon  has  but  little  influence  in  the  fa- 
vourite fchemes  of  State  Intrigues  f All  the ' 
kind  and  benevolent  affections  are  at  reft  ';  the 
fouls  of  men  are  perturbed ! Diforder  and  Dif- 
tr  add  ion  take  the  lead ! and  every  faculty  is 
awakened  to  breed  confuflon  and  diftruft ! Ir 
is  amazing  to  refieCt  what  baneful  effects  are 
wrought  by  Political  Manoeuvres  ! the  Social  and 
Benevolent  Spirits  retire ; and  men  for  the  molt 
part  lofe  their  Humanity  together  with  their 
Senfe  and  Underftanding.  Oh  Politics!  how  ye 
deform  the  Human  Soul  1 blunt  Natural  Af- 
fection ! fow  the  foul  Seeds  of  Hatred  and  Ill- 
will  ! confound  the  Laws  of  Right  and  Wrong, 
making  our  Journey  through  Life  a painful 
Pilgrimage  indeed ! 

_ It  is  a matter  of  doubt  with  me,  whether  the 
folly  of  the  Vote,  or  the  folly  of  perfifting  in 
it  after  conviction  of  its  impropriety,  is  the 
greateft.  There  is  fomething  very  lingular  in 
the  whole  of  this  affair ; for  I have  been  told, 
that  thofe  who  adopted  the  meafure,  and  decline 
the  defence  of  it  •,  who  frankly  own,  in  their  pri- 
vate fixations,  that  nothing  of"  the  like  land 
will  be  done  in  future ; who  very  unrefervedly 
admit  it  was  an  hafty  bufinefs,  and  that  they 
heartily  repent  it  * are  of  fentiments  exprefsly  op- 
pose to  thefe  declarations,  in  their  Public  Sta- 
tion ; and  with  the  utmofl:  vehemence  declare, 
that  they  never  will  give  up  the  point,  or  pafs  a 
Tax- ACt  whijft  the  Royal  InftruCtion  Hands  as  an 
obftacje  in  fhe  way.  If  the  meafure  cannot  be 
juftified  upon  the  Principles  of  the  Conftitution, 
common  Prudence  directs  us  quietly  to  relinquish 
what  v/e  cannot  hold ; and  it  is’no  difgrace  for 
Public  Bodies  of  Men  to  retraCt  any  Tenet, 

efpecially 


' [ 3°  1 

* * * ' # 
efpfecially  when  it  is  either  dangerous  or  impro- 
per to  maintain  it.  The  difpute  lies  between 
the  King  and  the  Delegates  of  the  People  ; and 
tfitt  queftion  now  is  fimply  this  : Whether  the 
Kifeg  is  to  recall  or  vacate  his  Inftrudion  •,  or  the 
PWple  fubmit  to  a check  for  an  unconftitutional 
Application  of  the  Public  Treafure  ? Juftice 
as  well  as  Prudence  require  us  to  yield  the  point. 
On  firm  ground  we  may  fafely  tread  ; but  to 
perfift  in  oppofition  to  a timely  and  regular  in- 
terfofition,  is  to  me  an  obftinacy  highly  culpa- 
ble, and  altogether  unbecoming.  Perhaps  to 
hio-h  Spirits,  concefilons  of  any  kind  are  mortal 
ftings;  but  if  there  mult  be  a degree  of  conde- 
l<;enfion  in  fome  quarter,  before  tranquility  can 
be  reftored  to  an  afflided  Province,  furely  it  is 
. yioft  reafonable  to  exped,  that  Duty  to  the  King 
fiiould  influence  the  People  to  make  the  firft 
advances  ^ and  the  rather,  as  an  oppofition  in  the 
prefent  cafe  will  inevitably  affed  the  raoft  effen- 
tial  Interefts  of  the  Colony,  by  retarding  its 
Growth,  weakening  its  Credit,  and  encreafing 
its  Diftradions.- No  part  of  the  King’s  Domi- 

nions can  be  injured  by  this,  local  difference,  nor 
is  the  great  Machine  of  Government  in  the  leaft 
affeded  by  it • the  punifhment  is  as  local  as  the 
difpute  itfelf  j the  People  of  the  Colony  alone 
fuffer  in  the  caufe,  which  no  wife  man  can 
think  a good  one. 

It  is  rather  an  odd  circumftance,  that  we  have 
no  certain  information  what  became  of  the  1500I. 
after  it  was  paid  into  the  hands  of  the  Patriotic 
Club.  That  it  was  fpent  remains  no  doubt ; but 
How,  is  the  great  myfterious  Queftion.  Whe- 
ther it  was  applied  to  pay  the  'Tavern  Score , 
or  to  fatisfy  the  hungry  Creditors  of  fome  half- 
fiarved  Patriot , are  problems  to  puzzle  the  wife 
heads  of  thofe  who  gave  it  s but  to  me 'nothin  g 


[ 31  ] 

is  more  flrange  and  unaccountable  than  . the 
great  referve  which  all  Parties  have  maintained  re- 
fpedting  this  unprecedented  Benevolence.  I have 
not  been  able  to  learn  what  the  venerable  Sup- 
porters ferioufly  thought  in  relation  to  this 
.Gift.  That  they  laughed  at  it,  and  enjoyed  the 
joke,  I can  readily  fuppofe : that  they  pafijfd  a 
fneer  upon  it,  and  pronounced  it  an  idle  Affair,-, 
that  they  ridiculed,  the  Credulity  of  the  Donors,-, 
and  admired  their  Faith,  I can  eafily  believe-, 
but  it  is  not  poffible  to  carry  our  conjectures 
any  farther. 

Some  inquifitive  folks  have  been  very  reftlefs 
to  know  what  fort  of  grateful  acknowledgments 
the  Club  have  paid  to  the  Houfe  of  Afiembly 
for  this  generous  Donation  ; but  it  is  as  curious 
to  reflect,  that  the  Silence  is  equally  as  fullen  on 
one  fide  of  the  water,  as  it  is  on  the  other,  f can- 
not learn  from  authority,  that  even,  the  poor 
unavailing  Tribute  of  Thanks  has  been  returned 
for  all  this  Legijlative  Kindnefs.  There  is  a.  great 
fhamefacednefs  on  both  lides,  in  the  courfe  of  this 
i ranfadtion.  The  Club  either  knew  not  howto 
exprefs  their  fenfe  of  the  •'Favour  ; or  their  fim 
cerity,  as  men,  would  not  allow  them  to  pay  a 
facrifice  which  (tho*  gainers  by  the  Grant)  their 
Hearts  mull  difapprove  ; and  1 am  firmly  per- 
fuaded  in  my  own  mind,  they  were  afraid  to 
expofe  themfelves  by  returning  thanks  : and 
the  Houfe,  I - have  reafon  to  believe,  are  bet- 
ter pleafed  without  them. Thus  it  is  when 

Public  or  Private  Bodies  of  Men  play  a loofe 
Game;  both  Tides  are  always  fhy,  and  the  only 
way  to  avoid  a total  rupture  is  to  preferve,  if  pof- 
fible, the  lame  kind  of  happy  diftance  that  has 
been  between  the  Houfe  and  the  Club;  there  be, 
ing  no  real  Danger,  except  when  jarring  Bodies 
jneet  in  con  tad.  • 

■§  ' The 


I 32  1 

. The  money  has  been  voted  and  fpent,  and 
the  Society  which  received  it  is  now  no  more  ! 
The  Great  Charter ,.  the  Bill  of  Rights , the  Habeas 
Corpus  API,  the  Conjiitution  it f elf. , are  left  to  the 
wide  World  to  fight  their  own  Battles,  and  main- 
tain their  own  Ground!  The  Supporters  have  given 
way,  and  their  ftrength  is  as  exhaufted  as  their 
Purfe  ! Their  Friends  the  Houfe  have  nothing 
more  to  give  •,  and  ’tis  thought  they  have  long . 
repented  what  is  given ! What  a melancholy 
Hate  of  things  is  this!  But  how  blefied  a con- 
dition, compared  to  the  miferable  and  for-r 
lorn  fituation  of  a Colony  which  now  feels  the 
evil  effects  of  ill- directed  Zeal ! 

I come  now  to  confider  a new  ftroke  of  Pro- 
vincial Politics,  and  the  laft-diftinguifhing  Effort 
of  the  Colony  of  South  Carolina,  in  the  great 
attempt  of  eftablifhing  a Charader  of  Origi- 
nality ; an  idea  fo  very  flattering  to  the  Human 
Mind  ! 

The  Legiflature  flood  prorogued  to  the  Month 
of  Ayguft  1773,;'  and  the  old  obftacle  ftill  being 
in  the  way,  and  the  Lieutenant  Governor  feeing 
little  prolpect  of  doing  bufinefs,  opened  the  Sef- 
fion  by  a Meffage  to  each  Houle*  to  fave  a piece 
of  idle  pageantry,  and  the  formality  of  a public 
Speech.  • 

A few  days  palled,  and  one  or  two  Bills  were 
fent  by  the  Lower  to  the  Upper  Houfe,  which 
were  ordered  to  lie  upon  the  table  for  the  moft 

cogent  and  prudential  reafons. The  Upper 

Houfe?  anxious  for  the  Public  Credit,  and  de- 
ploring the  miferable  ftate  of  the  Colony  Affairs* 
‘owing  to  the  above  unhappy  difpute,  judged  it 
highly  expedient  to  enquire  into  the  true  ftate 
of  the  Public  T reafury,  in  order  to  guard  againft 
Accidents,  and  to  provide  in  due  time  for  the 
Public;  Safety,  One  of  the  Treafurers  being  ex- 
amined 


I 31  1 ' 

Airiined,  gave  fuck  a melancholy  detail,  that  th# 
.Upper  Houfe  addreffed  the  Governor  upon  the 
fubje£t,  for  the  purpofe  of  calling  in  50,000!, 
-Currency,  in  order  to.  keep  the  Treafury  in  a 
proper  courfe  of  circulation.  ' As  this  Enquiry 
-difcovered  theweaknefs  of  our  State,  the  Commons 
Houfe  entered  into  fome  violent  Refolutions ; 
and  by  a meffage  to.  the  Governor  on  the  fubjeft 
of  the  Council’s  Addrefs,  attempted  to  charge 
.them  with  having  given  an  improper  ftate  of 
-the  Treafury  Accounts  : but  the  Upper'Houfe 
.not  choofing  to  fubmit  to  the  imputation  of 
having  deceived  the  Public,  profecuted  the  En- 
quiry, ftill  further,  and  demonftrated  the  Truths 
contained  in  their  Addrefs,  which  the  Affembly 
-have  not  fince  attempted  to  difapprove.  In.  the 
•courfe  of  this  Seffion,  a Proteft  of  an  extraordi- 
nary nature  was  entered  in  the  Upper  Houfe 
Journals  by  Two  Members  which  having  a ma- 
nifeft  tendency  to  reflea  upon  the  Proceedings  of 
the  Houfe,  and  the  fame  being  printed  by  one 
Thomas  Powel  in  the  South  Carolina  Gazette, 
without  any  leave  or  permifllon  from  the  Houfe, 
this  matter  was  taken  up  as  a grofs  Contempt, 
and  Breach  of  Privilege  * and  the  Printer  being 
lent  for  and  acknowledging  the  fad,  and  declin- 
ing -to  give  proper  fatisfaftion  to  the  Houfe,  he 
-was  thereupon  committed  by  virtue  of  a Warrant 
cinder  the^  Hand  of  the  Prefident,  Sir  Egerton 
Leigh,  Baronet,  the  31ft  of  Auguft  1773  - which 
Warrant  was  by  the  exprefs  Order  of  the  Houfe. 

‘ — °n  the  3d  of  September  *he  faid  Thomas 
Powel  was  difeharged  from  his  confinement,  upon 
.a  return  of  the  Caufe  of  Commitment  by  the 
.Sheriff  on  the  back  of  an  Habeas  Corpus,  iffued 
fey  the  Honourable  Rawlins  Lowndes,  Speaker, 
And  George  Gabriel  Powel,  Efq.  another  Mem- 
ber of  Aflembiy,  purfuant  to  an  Ad  .of  Affembly 

F paffed 


' | l 34  J 

palled  tljfc  nth  of  December  1712,  empowering 
Two  Justices  (Quorum  Unus)  to  put  in  force  the 
Habeas  Corpus  Aft  to  all  Intents,  Conftruftions, 
and  Purpofes,  as  fully  as  the  fame  can  be  put  in 
executionfin  his  Majefty’s  Kingdom  of  England. 
The  Jum^es  judicially  declared  the  Council  to  be 
no  Upper  Houfe  of  AJfembly , and,  therefore  held  the 
Commitment  illegal,  and  of  courfe  difcharged 
him.  The  Council  applied  to  the  Alfembly  for 
redrefs  againft  their  Members  ; but  they,  inltead 
of  complying  with  the  requeft,  entered  into 
feveral  J^Mpinted  Refolutions,  avowed  the  fame 
Doftrine  which  the  Juftices  had  broached, 
approved  their  Decifion,  returned  the  Thanks  of 
the  Houle  to  them  for  the  fame,  and  agreed  to 
addrefs  the  Governor  to  fufpend  thofe  Members 
who  had  voted  the  Commitment  ; and  alfo  to 
addrefs  His^Majefty  for  their  Removal : and  on 
the  13th  of  September  they  addreffed  the  Go- 
vernor ^cordingly,  who  very  properly  judged 
the  fubject.  too  important  to  be  determined  by 
him  •,  anffthe  rather,  as  the  affair  is  to  be  laid 
before  JK  King.  The  Council,  finding  fuch 
new  Dq^Kies  adopted  by  the  Lower  Houfe,  and 
percei^MLthat  the  Constitution  was,  in  effeft, 
fi-ibyern^oy  thefe  proceedings,  loll  no  time  in 
Hating  rarefe  Grievances  in  a fuitable  Addrefs  to 
His  Majefty : they  likewife  addreffed  his  Honour 
the  Lieutenant  Governor  the  fame  day,  and 
requeftedftim  to  tranfinit  the  Addrefs,  and  other 
papers  referred  to,  to  the  Secretary  of  State  for 
the  American  Department,  in  order  to  be  laid 
before  His  Majelty.  The  Lieutenant  Governor, 
by  his  anfwer,  undertook  to  tranfmit  them  ac- 
cording totheir  requeft  ; and  this  Selficn  being 
a moil  noify  and  dijiurbed  one , and  every  popular 
fubject  bejMp  brought  to  a happy  conclufion, 
though  .-^p^hat  interrupted  by  the  Lieutenant 

Governor 


1/ 


E 35  ] 

governor  declining  to  Sufpend,  agreeab®  to  the 
modeft  expedations  of  the  Lower  Houfie,  they 
defired  leave  ?to  adjourn  till  January  next,  to 
which  time  they  Hand  adjourned  accordingly. 

Having  given  a Narrative  of  the  Proceedings 
of  this  extraordinary  Sefiion,-  I ftiallfy>w  ex- 
amine the  pretenfions  of  the  Council  to  take 
upon  them  the  Powers  of  an  Upper  Houfe  in 
the  Legiflature  of  this  Country,  and  make  fome 
general  Obfervations  on  the  Conftitution  of  the 
Colony,  as  formed  on  the  Britifh  Model. 

Upon  the  abfolute  Surrender  of  tla^oil  by 
the  Lords  Proprietors  to  his  late  Majelty^ in  the 
year  1729,  for  the  Connderations  agreed  on,  and 
confirmed  by  Ad  of  Parliament,  the  Colony  of 
South  Carolina  veiled  in  His  Majefty  ; and  con- 
sequently he  had  a full  right  to  give  a Conftitu- 
tion, and  to  form  fuch  Eftablilhments  as  were 
agreeable  to  the  Laws  and  Pradice  of  his  own 
Kingdom;  He  was  pleafed  therefore igco  ap- 
point a Governor  by  Commiftion  under  the 
Great  Seal  of  England,  by  which  hi^  Powers 
were  precifely  afcertained,  and  wherj*tfie  was 
authorifed  to  call  Afiemblies  compo^^Jof  the 
Freeholders  of  the  Colony,  &c.  • arMfe  very 
laft  Commiftion,-  which  was  to  Lm^bCharles 
Montague  fo  lately  as  1766,  containSfhe  fol- 
lowing claufe,  viz. 

4 t^iat  f0ll»  &G  with  the  confent  of 

our  faid  Council  and  Aflembly,  or^&ie  major 
“ part  of  them  refpetthely,  fhall  have  full  Power 
Authority  to  make,  conftitute,  and  or- 
dain Laws,  Statutes,  and  Ordinances,  for  the 
Public  Peace,  Welfare,  and  Good  Govern- 
“ ment  of  the  faid  Province,  and  the  People 
thereof,  and  fuch  others  as  lhall  refort  there- 
“ to  i and  for  the  Benefit  of  Us;>  our  Heirs 
and  Succeftors ; which  faid  Law\  Statutes, 
F 2 'm  “ and 


[ *S  J 

“ and  Ordinances,  are  not  to  be  repugnant,  bnf7; 
« as  near  as  may  be,  agreeable  to  the  Laws  and- 
“ Statutes  of  this  our  Kingdom  of  Great 
“ Britain;’* 

The  King’s  Pleafure  is  alfo  more  largely  and 
fpeeially  fct  forth  in  a Body  of  Indruftrons,  con- 
taining every  neceffary  Power  and  Rule  of  Di-* 
region  for  the  better  Government  of  his  Colony  ; 
and  the  Names  of  all  the  Council-  are  p£rti^ 
cularly  fpecified  in  the  faid  Indruftions. 

The  Members  of  the  Council  are  feverally 
appointed  by  the  King’s  Mandamus , or  Letter  to. 
his  Governor^  directing  him  to  fwear  in,  and 
admit  fuch  a one  to  be  of  His  Majedy’s  Coun- 
cil of  the  faid  Province  j and  by  virtue  there;- 
of,  they  are  merely  Counfellors  of  State,  to 
whom  the  Governor  for  the  time  being  applies 
for  advice  in  cafes  of  weight  and  moment.. 

This  Council  of  State,  confiding  of  Twelv© 
Perfons,  are  named  in  the  King’s  Indruftions  to 
his  Governor,  as  expreffed  in  the  Claufe  above- 
mentioned  2nd  this  additional  plan  of  Duty 
pointed  out  by  His  Majefty,  is  furely  no  more 
inconfident  or  incompatible,  than- the  power,  given 
to  the  Governor  and  Council  by  Aft  of  Affembly 
to  be  a Court  of  Chancery  can  be  fo  deemed. 
One  l'ett  of  men  may  have  various  Jurifdiftions  ; 
and  the  circumdance  of  the  fame  People  aft  in  g 
in  feparate  and  didinft  fituations  may  be  as  eafily 
reconciled,  as  that  a Pried  fhall  be  at  one  time 
in  the  Dejk,  and  at  another  in  the  Pulpit  : the  na- 
ture of  the  Offices  differ  in  the  Mode  of  perfor- 
mance, but  the  End  is  jud  the  fame^ 

The  Claufe  above-mentioned  almod  in  poli- 
tive  words  declares  Three  didinft  and  feparate 
Branches  of  the  Legiflature  : “ That  you,  (mean- 
ing  the  Governor)  with  the  coni'ent  of  our 
“ faid  Council  and  Affembly, : or  the  major  part 
...  ■ of 


t 37  1 

* Of  them  refpeRively , (hall  have  power  and  aiirV 
thority  to  make,  ordain  Laws,  &c.  ” which 
terms  as  individually  diftinguifh,  and  mark  out 
Three  independent  anddiftinft  States,  as  language 
can  exprefs. — Befides,  thefe  different  Powers  are 
derived  to  them  by  diftind  Inftruments  r thofe  of 
a Privy  Council  by  Mandamus  ; and  thofe  of  a- 
Legiflatuie,.  by  the  King  s Commiflion  and  In- 
ftrudions  to  His  Governor..  I never  was  able  to 
comprehend,  how  the  Commons  Houfe  of  Ai'~ 
fembly  prefumed  to  liken  themfelves  to  the 
Houfe  of  Commons  of  Great  Britain,  and  then 
drop  all  fight  of  that  Model  from  which  the 
ether.  Branches  of  our  Subordinate  Legiflature  are 
manifeftly  taken ; for  it  is  by  virtue  of  the  Go- 
vernor’s Commiflion  that  the  Freeholders  of  the 
People  are  called  in  Aflembly,  and  by  the  Kirin’s 
writ,  figned  by  the  Governor  and  the  Members 
of  His  Majefty’s  Council;  and  therefore  all  thofe 
eminent  Rights  they  fo  much  value  themfelves> 
upon,  were,  in  faff,  originally  conveyed  to  them- 
through  the  very  fame  medium  as  thofe  of  the 
Council  in  Aflembly,  which  are  now  fixed  and 
eftablifhed  by  Laws  fuited  to-  our  local  circum- 
ftances,  and  which  were'  framed  under  the  Kino-V 
Royal  Prerogative  and  Licence.  Our  Conftitu- 
tion  is  derivative , and  entirely  flows  from -the 
Crown,  is  wholly  ex  gratia^  and,  therefore,  fub- 
jedt  to  fuch  modifications  upon  Conftitutionai 
Principles,  as  His  Majefty  fhall,  from  time  to 
time,,  in  His'  Royal  Wifdom,  fee  proper  and  ex- 
pedient ; provided,  alfo,  that  they  are  not  repuo-- 
nant  to  any  fubfifting  Laws.  r 

_^The  Rights  and  Privileges  of  the  Commons 
Houfe  are  neither  created  nor  reQognized  by  any 
Statute  of  Great  Britain  ; they  arife,  as  it  were. 

by  the  CrOWn  ’ their  Legiflature  owes 

its  eftabufliment  to  the  King ; and  every  claim 

they 

r 


I 38  ] 

tj*ey  fet  up,  fprings  to  them  from  the  fame  me- 
dium through  which  the  Council  derive  theirs; 
This  being  the  true  Hate  of  a plain  faCt,  it  fol- 
lows as  a confequence,-  that  when  the  Crown 
gave  permiffion  to  call  an  Affembly,  they  furely 
might  appoint  a Council,*  and  lawfully  inveft 
them  with  the  powers  expreffed  in  His  MajeftyJs 
Commiffion  and  InftruCtions  ; and  the  rather, 
when  we  call  to  mind  that  the  People  of  this 
Country  made  humble  fuit  to  His  Majefty  King 
George  the  Firft,  in  the  year  1721,  to  take  them 
under  Plis  Royal  Protection  and  Government,  by 
renouncing  their  Charter  Rights  under  the  Pro- 
prietary Conftitution  $ and  this  change  being  ef- 
fected at  their  own  rnftarice,  and  afterwards  by  a 
clear  purchafe  on  the  part  of  the  Crown  for  a 
valuable  confideration,  and  by  an  abfolute  fur- 
render  by  the  Lords  Proprietors,,  in  1729,  the 
, Power  who  embraced  them  in  order  to  protect 
them,  could  alone  give,  motion  and  activity  to 
them,  as  a Colony,-  or  diftant  Member  of  the  Pa- 
rent State. 

When  the  Crown  had  thus  taken  the  Govern- 
ment of  this  Colony  upon  them,  and  had  ap- 
pointed Francis  Nicholfon,  Efq.  Provifional  Go- 
vernor thereof,  the  Affembly  paired  an  Aft  of 
Recognition,  on  the  18th  of  Auguft,  1721,  which 
recites,  that  “ whereas  His  Moft  Sacred  Majefty 
“ had  been  graciouily  pleafed,  at  the  humble  de- 
“ fire  and  requeft  of  His  faithful  Subjects  of 
“ this  Province,  to  take  the  fame  under  His  Ma- 
“ jefty’s  moft  gracious  and  immediate  Govern- 
“ ment  and  protection  ^ and  had  alfo  been  pleaf- 
“ ed  to  fcommiffionate,  under  the  Great  Seal  of 
“.Great  Britain,  Francis  Nicholfon,  Efq.  Go- 
“ vernor,  &c.  over  the  fame,  with  full  Powers  to 
“ call  a General  AJfembly , &c.  and  that  they  with 
“ one  voice  and  heart  did  acknowledge  His  Ma> 

“jefty’s 


I 39  5 


■ct  jefty’s  mofl  lawful  and  undoubted  Right  to  the 
faid  Province-,  therefore,  in  gratitude,  they 
prayed,  that  it  might  be  enaded  by  His  Ma- 
4.‘  jefty,  by,  and  with,  the  cohfent  of  the  Gover- 
“ nor.  Council,  and  Aflembly,  that  they  do  re- 
“ cognize  His  faid  Majeily  to  be  of  right,  and, 
“ by  the  Laws  of  Great  Britain,  is  Sovereign 
“ Lord  and  King,  &c.  &c.” 

This  Ad  of  Recognition  exprefsly  fliews,  that 
the  Powers  to  Call  a General  s1[fcmbly , originated 
with  the  King  himfelf.  With  what  facc\  then, 
can  Gentlemen  deny  thofe  Rights  to  His  Majef- 
ty*s  Council  (who  bear  a fliare  in  the  Legiflature 
of  the  Country  under  the  fame  Authority  by 
which  they  themfelves  are  allowed  to  fit),  fo  ef- 
fentially  neceflary  to  fupport  their  proper  dignity 
and  confequence  as  Legislators  ? 

By  the  eleventh  fedion  of  ' a Provincial  Ad, 
paffed  in  1721,  it  is  enaded,  “ That  the  Mem- 
“ bers  of  Affembly  chofen  by  that  Ad,  fhall 
“ have  as  much  Power  and  Privilege,  to  all 
“ Intents  and  Purpofes,  as  any  Members  of  Af- 
“ fembly,  theretofore  had,  provided  the  fame  are 
“ Kich  as  are  according  to  His  Majefty’s  Thirty - 
ct  fifth  Inflnibiion.”  Can  any  thing  more  decifive- 
ly  point  out  the  fenle  of  that  Dependence  upon 
the  Crown,  which  the  People  at  that  time  of  day 
entertained,  than  this  extraordinary  Provifion 
which  virtually  declares  the  Power  of  the  Crown 
to  bind  us  by  Inftrudions  ? — And  the  Ad  in  a 
manner  incorporates  the  fame,  by  excepting  thofe 

5* T-rn  Privile§e  which  this  Imtrudion  fo  flat- 
ly difallows  • and  in  points,  too,  of  the  mod  de- 
licate nature,  and  which  remain  undecided  upon 
to  this  day,  between  the  Lords  and  Commons  of 
Great  Britain. 


The  Thirty-fifth  Inftrudion  to  Governor  Ni- 
cholfon,  which  I believe  is  continued  to  the  pre- 


icnt 


_ / { 4®  ] 

lent  day,  runs  in  the  following  words  : And 

“ whereas  the  Members  of  feveral  Affemblies  in 
“ the  Plantations,  have  frequently;  aflumed  to 
*e  themfelves  Privileges  no  ways  belonging  to 
“ them  ; efpecially  of  being  protected  from  Suits 
at  Law,  during  the  term  they  remain  of  the 
Affembly,  to  the  great  prejudice  of  the  Cre- 
“ ditors,  and  the  obftrudlion  of  Juftice  *,  — and 
“ fome  of  the  Afiemblies  have  prefumed  to  ad- 
“ journ  themfelves  at  pleafure,  without  leave  from 
“ our  Goyernor  firft  obtained ; .and  others  have 
ce  taken  upon  them  the  foie  framing  of  Money - 
■“  Bills,  refufing  to  let  tl>e  Council  alter  or  a- 
•“  mend  the.  fame  4 all  which  pradlices  are  very 
“ detrimental  to  our  Prerogative  : If,  upon  your 
ee  calling  an,  AITembly  in  South  Carolina,  you 
“ find  them  infill  upon  any  of  the  abovefaid  Pri- 
“ vileges,  you  are  to  fignify  to  them,  that  it  is 
•*c  our  exprefs  Will  and  Pleafure,  that  you  do 
“ not  allow  any  Protection  to  any  Member  of 
“ the  Council  or  AITembly,  further  than  in  their 
“ perfons  i and  That  only  during  the  Sitting  of 
“ the  AITembly  •,  and  that  you  are  not  to  allow 
<e  them  to  adjourn  themfelves  otherwife  than  de 
<c  die  in  diem , except  for  Sundays  and,  Holidays, 
“ without  leave  from  you,  or  the  Commander  in 
“ Chief  for  the  time,  being  firft  obtained.  — It 
is  alfo  our  further  Pleafure,  that  the  Council 
“ have  the  like  power  of  framing  Money-Bills 
■“  as  the  AITembly  ; and  you  are  exprefsly  enjoin- 
“ ed  not  to  allow  the  faid  AITembly,  or  any  of 
cc  the  Members  thereof,  any  Power  or  Privilege 
“ whatfoover,  which  is  not  allowed  by  Us  to  the 
>“  Houle  of  Commons,  or  the  Members  thereof, 
in  Great  Britain.  ” 

The  Privileges  exorefied  in  this  Inftruflion 
were  enjoyed  by  the  Council,  without  Interrup- 
tion, till  j 735,  when  tire  AITembly  claimed  a 

foie 


[ 41  ] 

foie  arid  ex'clufive  Right  of  framing  Money-Bills, 
and  which  they  have,  at  different  periods  fines 
that  time,  continued  to  affert  and  maintain. 

ThisInRruCtion  relates  entirely  toLeo-jflativeBu- 
finefs,  and  the  Privileges  of  the  Members  of  Af- 
bly,  and  forbids  the  Governor  to  allow  protection 
to  any  Member  of  the  Council  or  Affembly,  further 
than  in  their  Perfons,  &c.  Now,  as  mere  Coun- 
sellors protection  is  out  of  the  cafe,  neither  has 
the  framing  of  Money  Bills  any  thing  to  do 
with  their  Ration,  as  Members  of  the  Privy 
Council-,  from  whence  it  is  evident  beyond  a 
doubt,  that  the  Council  form  one  Branch  of  the 
Legiflature  of  this  Country,  and  muft  be  viewed 
as  a feparate  and  diftinCt  Body  both  from  the 
Governor  and  Affembly,  becaufe  the  Council 
have  a concurrent  power  with  the  Affembly  to 
frame  Money  Bills,  &c.  which  fhews.a  dijlinftnefs 
of  Legiflative  Jurifdiftion ; and  the  Governor 
(till  Affent  is' nec'effary)  has  no  part  allotted  him 
to  aCt,  except  that  he  is  to  keep  the  Members 
within  due  bounds  of  Privilege  under  the  terms 
of  his  InRruCtion. 

Privilege  is  a term  inapplicable  to  the  Council 
fitting  as  a Privy  Council for  in  that  character 
they  poffefs  not  a Tingle  privilege  by  their  Con- 
flitution,  and^  very  few  by  the  Laws  of  the  Pro- 
vinceand  all  the  privileges  of  His  MajeRy’s 
Privy  Council  at  home,  confift  in  that  fecurity 
which  certain  Laws  give  them  againft  attempts 
and  confpiracies  to  deftroy  their  lives.  The  term 
Privilege,  therefore,  in  this  InftruCtion,  points 
direCtly  to  the  Members  of  Council  exercifincr 
Legiflative  Duties ; in  which  Ration  alone,  th? 
Council  apprehend  they  are  entitled  to  any  pri- 
vilege or  perfonal  protection, 

G . 


That;  • 


t 42-  ] 

. That  no  man  m^y  entertain  a conceit,  that  irr 
reciting  and  difcufling  this  ’Thirty-fifth  InJlru£lionr1 
thereby  mean  to  fet  up  the  King’s  Inftrudtions 
generally  to  His  Governors  in  America,  as  Laws 
and  Conftitutions  by  which  the  Colonifts  are  or 
ought  to  be  governed ; I flhall'  plainly  tell  my 
Reader  all  I wilh  to  infer,  viz.  That  the  King 
when  he  gave  Power  to  call  an  Affembly,  at  the 
fame  time,  and  by  the  fame  public  Jnftruments, 
eftablilhed  in  His  Council;  a Right  of  Legiflation, 
as  a diftinft  Body  from  the  Commons  Houfe : 
That  the  whole  fcope  of  the  King’s  Commiflion 
and  Inftrudtions  manifeftly  lhews,.  that  the  Af- 
fembly derive  their  powers'  from  the  fame  foun- 
tain that  the-  Council  do  j that  our  Government 
is  clearly  derivative  • and.  that,  without  the  King’s 
Grace,  we  had  been-  deftitute  of  any  Conllitution 
whatfoever  : That  our  Provincial  Legiflature,  by 
the  firft  Ele6tion-A£t,  palled  in  1721,  after  His 
Majefty  had  taken  this  Colony  under  his  own  im- 
mediate protection, -plainly  lhews,  that,  they  en- 
tertained this  fenfc  of  the  matter,  by  declaring 
that  the  Members  lhalf  have  as  much  privilege  as 
heretofore,  provided  the  fame  are  fuch  as  are  ac- 
cording to  His  Majefty’s  Thirty-fifth  Inftrudtion. 
What  isc  this  exception,  or  laving,,  but  a clear 
acknowledgement  that  the  King,  by  His  Inftruc- 
tion,  might  diredl  in  the  way  ftated,  that  the. 
power  ©^.modifying  the  Government  of  His.  Co- 
lony was  in  His  hands  2*  And  I appeal  to  the 
uniform  practice,  from  172 1 to  17 35,  as  an  irre- 
fragable argument  in  fupport  of  the  Council’s 
Legifiative  Rights,  when  they,  were  allowed  to 
frame,  alter,  and  amend  Money  Bills,  by  virtue 
of  this  Inftruttion. 


t 43  } 

It  is  a rule  in  conftruing  a Statute  % to  pay 
-great  regard  to  the,conftruftion  which  the  Sages 
of  Law,  who  Jiv;ed  about  the  time,  or  foon  after, 
it  was  made,  did  put  upon  it ; becaufe  they  were 
beft  able  to  judge  of  the  intention  of  the  Makers 
■thereof : for  it  is  a maxim,  that  Contemporanea  ex- 
po fitio  eft  fortiftima  in  Lege.  Now  I produce  the 
King’s  Commiffion  and  Inftruftion,  upon  the  efta- 
blifhment  of  this  Colony  as  a Royal  Govem- 
ment,  to  prove  His  Power  over  it  in  the  inftan- 
ces  mentioned ; and  agreeable  to  the  above  max- 
im, I give  you  not  merely  judicial  decifions,  but 
,the  judgment  of  the  Legislators  themfelves  who 
lived  at  that  time,  implored  the  protection  of 
that  Power  which  ..they  afterwards  exprefsly  ac- 
■knowledged,  who  adopted  the  Inftruftion  which 
io  limited  and  reftrained  them,  and  fo  mightily 
enlarged  and  extended  the  powers  of  the  Council, 
.and  who  fubmitted  to  tfiefe  Royal  Regulations 
by  conforming  their  practice  wholly  to  them. 

That  the  Council  have  a Legiflative  Right,  as 
a Second  Branch,  appears.,  not  only  from  conftant 
-experience,  but  alfo  from  the  ftile  and  expreflion 
of  our  Laws. 

.=  In  1722  was  pa  fled  an  Aft  with  -the  following 
title : “ An  Eftimate  -j-  of  the  Charges  of  the 
“ Government,  that  is  and  will  be  due  on  the 
“ twenty-fifth  of  March  next,  1723,  to  be  pro- 
M vided  for  by  the  General  Aflembly,  and  agreed 
“ to  by  the  Committee  of  Both  Houfes  ap^teinted 
“ for  that  purpofe.”  - 

An  Aft  of  Aflembly  pafled  > the  fifth  of  Fe- 
bruary, 1736-7,  for  laying  an  Embargo  otJShips 
orVeflels-,  and  the  Preamble  opens  in  tie  fol- 
lowing words  : “ Whereas  the  Legiftative  Powers 
•**  of  this  Province  have  xeceived  Advice,  that  a 

* 2 Inft.  ii,  156,  1 Si.  ^-Tjott’s  Carolilfe  Laws, 

f.  4°S* 

G i ff  dangerous 


arefc  authorized  an 
ftitute,  and  ordaii 
welfare,  and  good 


The  Governor  1 
him  to  obTerve,  th 
ftile  of  Enacting  t 
County,  and  AJfembly. 
a direction  given, 
which  fo  clearly  e: 
whofe  refpeftive  o 
declared  necelfary  f( 
Governor  is  likewii 
all  Laws,  with  the 
times,  when  the  fz 
Council,  and  receiv 
to  exprefs  the  Jn 
lowed  the  phrafe, 
more  clear  and  pc 
words  denote  Three 
and  That  too  as  pre 
Law  ? Is  it  not  e 


every  ac t mult  pais  tne  Aliemo 
Council,  and  have  the  Governor’s 
perfection  of  it  ? The-fe  different  fl 
point  at  the  Model  from  which  our  Su 
gifiatureis  taken-,  and  the  features  b( 
refemblance  to  the  Conflitution  of 
Country,  as  thofe  of  an  Infant  can 
the  ftronger  lines  of  an  aged  Parent 
tude  may  be  traced  in  both  cafes,  with  on 
circumftantial Differences-,  fuch  as  muft 
diftinguifh  Infancy  from  Age,  Mati 
Childhood,  Strength  from  Weaknefse 
By  an  A6t  of  Affembly  paifed  in  the 
for  afcertaining  Public  Officers  Fees,  th 
Clerk  of  the  Council  are  alfo  enumei 
in  a feparate  Divifion  next  immediately 
is  this  Title : 

“ The  Clerk  of  the  Council  in  Affembly 
Amongft  the  feveral  allowances  are,  for  - a 
“ rant  of  Contempt,  Ten  Shillings;  and  a R 
“ ment  therefrom,  Five  Shillings.” 

ByanotherFee-LawpaiTedthe  7th  of  Maf 
the  like  provifions  are  made  for  the  fame  O: 
with  an  Increafe  of  Ten  shillings  on  a Wi 


t 46  3 

rtfheir  Addrefs  to  the  Governor,  take  notice  of  his 
Affedlion  "and  Regard  for  the  Welfare  of  the 
Province  lately  expreffed  in  his  Excellency’s 
Speech  to  both  Hou/es. 

i muft  here  defire  my  Reader  to  go  back  fome 
pages,  and  take  another  view  of  the  King’s  addi- 
tional Inftrudlion  to  his  Governor,  and  he  will  there 
find  that  His  Majefty,  throughout  the  fame,  deno-  - 
jninafes  the  People’s  Reprelentatives  by  the  ftile 
of  the  Lower  Houfe  which,  vi  termini , implies  an 
Upper  Houfe  or  Superior  Bpdy,  to  which  that 
Title  muft  bear  immediate  reference  and  re- 
.fpeift.  Upon  the  whole,  I think  thefe  Conclu- 
lions  may  be  fairly  drawn  from  the  feveral  Fadts 
aboye-ftated : That  it  was  His  Majefty’s  Intention 
to  affimilate  the  Conftitution  of  this  Colony  to 
that  of  Great  Britain,  fo  far  as  the  local  cincum- 
ftances  and  fituations  of  things  could  poffibly  ad- 
mit: That  it  was  his  Royal  W ill  to  eftablilh  Three 
diftindt  States,  in  the  Perfons  of  a Governor,  a 
Council,  and  Afiembfy:  That  divers  Adis  of  the 
Colony  Legiflature  maintain  the  fame  Diftinc- 
tion:  ThatUniform  Experience  hath  preferved  the 
like  Idea  and  that  the  Legiflative  Powers  of  the 
Council  have  been  virtually,  and  almoft  expreff- 
ly,  recognized  and  declared  by  pofitive  Laws, 
and  by  the  Language  and  Stile  of  Public  Papers,  - 
as  appears  by  the  Journals  of  Affembly. 

It  may  be  proper  further  to  obferve,  that  Bills 
have  originated  , in  the  Council,  as  well  as  in  the 
Affembly  •,  though  it  muft  be  owned,  the  prac- 
tice has  not  been  frequent : however,  the  Affem- 
bly,  after  a fecond  reading  of  a Bill,  always  fend  it 
to  the  Council  by  two  of  their  own  Members;  and 
when  twice  read,  and  perhaps  altered  and  amendr 
ed,  the  Council  return  it  by  the  Mailer  in  Chan- 
cery. When  it  has  undergone  a third  reading, 
and  been  paffed  by  the  Affembly,  it  is  in  like 
*.  manner 


I 47  I 

Mariner  brought  up  again  to  his  IVIajefty's  CouY^ 
cil,  who,  upon  the  third  reading,  either  pafs  or 
reject  the  lame  ; and  if  paffed,  it  is  carried  back 
to  the  Commons  Houfe,  who  dired  the  fame  to 
be  ingroffed  : and  at  the  end  of  the  Seffion  the 
Three  States,  viz..  Governor,  Council,,  and  Af- 
fembly,  meet  in  the  Council  Chamber,  when  the 
Speaker  of  the  AlTembly  reads  the  Title  of  the 
Ad,  and  then  prefents  it  for  the  Governor’s 
Aflent : this  being  given,  the-  Speaker  figns  it,, 
as  aifo  the  Governor,  who  likewife  feals  it. 

Thus  it  manifeftly  appears,  that  there  are  Two 
feparate  Bodies  of  Men,  who,  in  a Parliamen- 
tary way,  mature  the  feveral  Laws  which  con- 
cern the  welfare  of  the  Province ; and  though, 
perhaps,  the  mode  of  doing  bufinefs  may  differ 
in  certain  circumftantial  points  from  the  pradice 
of  both  Houfes  of  Parliament,  yet  true  it  is 
that,  in  fubftance,  the  Proceedings  are  the  fame  ’ 
and  as  all  Bills,  for  the  moll  part,  take  their 
rife  in  the  Lower  Houfe,  the  Council,  by  the 
Pradice  which  prevails,  have  a negative  in 
every  cafe,  upon  the  feveral  Ads  of  the  Houfe 
of  Reprefentatives ; as  they  would  have  upon 
thofe  of  the  Council,  which  might  originate  with 
tnem  j and  as  the  Governor,  in  his  Executive 
Situation,  has  both  upon  Council  and  Affembly. 

This  is  a Pidure  not  unlikfe  to  the  Britifh 
Plan  of  Government ; and  the  Refemblance  is  lb 
ftriking,  that  men  have  been  led  to  compare  it 
to  that  ^ great  Model  of  Perrediom— not  urged 
thereto  Dy  arrogant  Prefumption,  but  excited  by 
the  Love  and  Veneration  which  they  bear  to  the 
moft  glorious  Conftitution  in  the  World  ; from 
an  honell  pride  to  claim  alliance  to  it  \ from 
a firm  perfuafion  of  the  Bleffings  flowing  from 
it  ■,  from  a p leafing  refledion,  thatvwe  are  the  o-e- 
nume  Sons  and  Daughters  of  Britain,  Defen- 
dants 


[ 1 

slants  from  the  Loins,  and  kindred  Members  of  tfx* 
fame  State  •,  from  a full  conviction,  that  our  own 
Happinefs  will  be  beft  fecured  by  adopting  the 
fame  Maxims,  and  embracing  the  fame  Laws. 
Hence  it  is,  that  a Governor  is  faid  to  reprefent 
the  King  ; the  Council,  the  Houfe  of  Lords  ; and 
the  People’s  Reprefentatives,  the  Houfe  of  Com- 
mons of  Great  Britain.  And  where  is  the  Arro- 
gance of  this  innocent  and  natural  Allufion  ? 
Every  Man  of  Senfe  mull:  know,  that  the  Powers 
and  Extent  of.  Jurifdidtion  belonging  to  the  King, 
Lords,  and  Commons,  are  fo  immenfely  great, 
and  fo  inexpreffibly  tranfeendent,  that  none  of 
the  works  of  Men  can  be  properly  compared 
to  this  ftupendous  Machine,  fo  knit  and  fo  con- 
nected as  to  animate  and  fuftain  a Syftem  of  its 
own. 

No  man  of  common  underftanding  can  draw 
the  comparifon,  without  perceiving  moft  fenfibly 
the  immenfe  differences  and  diftindtions  that  arife 
upon  the  comparifon ; but  when  we  confider 
ourfelves  as  Members  of  one  great  Empire,  and 
that  our  Colonies  have  a Legiflature  of  their  own 
to  regulate  their  interior  Polity,  we  are  ftruck 
with  Admiration  of  the  Britifh  Plan  in  this  little 
epitome  thereof  exhibited  in  ours.  _ We  view  a 
Governor,  and  find,  upon  examination,  that  his 
Power  flews  from  the  King  ; that  he  reprefents 
Him,  and  exercifes  certain  Adis  of  inferior  Re- 
gality, and  is  pofTeffed  of  the  whole  Executive 
Power  of  Government  in  our  contracted  fphere. 
We  proceed,  and  find  that  a Council  named  by 
the  King,  aclLegiflatively,  as  a Second  or  Middle 
Branch,  between  the  Sovereign  and  People  ; and 
we  inflantly  figure  to  our  minds  a Houfe  of 
Lords.  We  behold  a 'Houfe  of  Reprefentatives 
chofen  by  the  People,  engaged  in  framing  Laws, 
laying  Taxes,  and  regulating  the  Affairs  of  thi» 

Community, 


[ 49  1 

Community  with  the  concurrence  arid  conferil 

of  the  other  two  Branches  ; and  we  as  readily 

form  an  idea  of  the  Houfe  of  Commons.  The 
Outlines  of  Government  agree  in  both  CaleS  ; and 
I defy  ,any  Man  to  fay.  They  are  riot  fubftan- 
tially  the  fame,  fo  far  as  local  circumftarices  will 
admit,  and  a narrow  circle  of  Duty  will  allow  ; 
and  laving  alfo,  certain  eminent  Diftindtions 

which  can  only  belong  to  the  Sovereign  State. 

Judge  Blackstone*,  fpeaking  of  the  Colo- 
nies, thus  exprefles  himfelf : “ The  Form  of 

“ Government  in  moll  of  them  is*  borrowed  from 
“ that  of  England  j they  have  a Governor  nam- 
“ ed  by  the  King,  or,  in  fome  Proprietary  Co- 
“ lonies,  by  the  Proprietor,  who  is  his  Reprefen- 
<c  tative,  or  Deputy.  They  have  Courts  of  Juf- 
“ tice  of  their  own,  from  whofe  Decifions  an 
“ Appeal  lies  to  the  King  in  Council,  here  in 
“ England.  Their  General  Aflembly,  which 
“ are  their  Houfe  of  Commons,  together  with 
“ their  Council  of  State , being  their  Upper  Houfey 
“ with  the  concurrence  of  the  King,  or  his  Re- 
“ prefentative  the  Governor,  make  Laws  fuited 
“ to  their  own  Emergencies.” 

Having,  I hope,  fatisfadtorily  proved,  that  the 
Council  of  this  Colony  are  a Second  or  Middle 
Branch  of  our  Provincial  Legiflature,  and  in  fadt 
an  Upper  Hoiife  of  Aflembly,  I propofe  to  anfwer 
the  feveral  Popular  Arguments  fuggefted  by  a 
Spirit  of  Fadtion  in  fome,  and  by  Ignorance  in 
others. 

It  is  afierted,  that  the  Council  cannot  be  an 
Upper  Houfe  of  Legiflature,  in  nature  of  a Houfe 
of  Lords,  becaufe  they  are  appointed  by  the 
King,  may  be  fufpended  by  the  Governor,  and 
are  removeable  at  the  King’s  pleafure  j becaufe 

* u Blackftone,  108. 

H 


they 


• . £ 5P  J 

^hey  are  not  endued  'with  the  fame  Rights  and 
■Privileges  as  the  Houfe  of  Lords  ; and  becaufe 
they  are  not  a permanent  Body,,  and  Indepen- 
dent of  the'  Crown.  I do  not  recoiled!  that  any 
thing  more  has  evei1  been  urged  againft  the  pre- 
.tenfions  of  the  Council,  but  what  falls  under 
one  or  other  of  the  points  above  faggefted. 

I conceive  that  the  Council  being  appointed  by 
the  King,  is*  an  objedtion  both  idle  and  abfurd ; 
becaufe  the  Hereditary  Counfellors  of  the  King- 
dom, the  Houfe  of  Lords,  (which  the  pride  of 
pur  Plebeians  vull  not  allow  this  Body  to  compare 
themfeives  to,,  even  diftantlyy  rejlriffivtly,  or  meta- 
phorically) are  raifed  to  thofe  dignities  by  the 
immediate  grace  and  favour  of  the  Crown.  It 
is  the  King  who  places  Coronets  on  the  Heads  of 
his  Subjedts,-and  at  a rifle  whether  they  will  fit  the 
Heads  propofed  to  wear  them  ; all  Honour  flows 
from  . thence  ; and  if  the  appointment  of  the  King 
’lefiens  the  confequence  of  One  of  his  humble 
Council  of  South  Carolina,  it  mud  operate  equal- 
ly again!!  Coronets  and  Mitres.  But  it  is  faid, 
that  the  Council  may  be  fufpended,  and  removed 
at  pleafure..  This  fituation,  I muft  own,  is  preca- 
rious, and  liable  to  great  objedtion : however, 
when  we  reflect  that  it  is  merely  honorary,  at- 
tended with  no  profit,  but  much  trouble,  and 
more  vexation  •,  when  we  confider,  that  fcarce  an 
inftance  can  be  found  of  any  wanton  or  arbitra- 
ry exclufion,  by  the  King’s  Governors,  of  a 
Member  from  his  Seat  in  Council,  and  that  the 
difficulty  for  the  Crown  to  fupply  thefe  Vacancies, 
.under  the  various  difeouragements  which  attend 
.the  fituation,  is  extremely  great  j we  fhajl  have 
reafon  to  conclude,  that  the  Appointment  is  not 
altogether  as  Dependant,  as  fuits  fome  Men  to 
reprefent.  But  granting  it  were  as  contended  for, 
the  power  of  the  Councilor  remains  the  fame  ; 


C s*  f ■ 

Ms  Tenure  is  precarious,  and  ©n  that  fcore  his 
Virtue  may  be  put  to  a feverpr  trial ; but  ltill  he 
has  a clear  Conftitutiori  to  govern  and  diredfc 
him  5 and  the  Argument  is  no  ftronger  againft 
the  Provincial  Council,  than  againft  Provincial 
Judges  : till  very  lately,  the  Judges  of  England 
weep  in  little  better  condition  themfelves  and 
yet  their  Judicial  Power  was  never  queftioned, 
or  their  Authority  disputed. 

A man  may  have  as  good  an  eftate  for  years, 
during  the  term,  as  another  who  boafts.  a Fee 
Simple  ; and  though  the  Council  have  no  ftated 
and  determined  duration,  ftill  I do  infift,  that 
the  Power  veiled  in  them  is  juft  the  fame  *,  it 
may  be  exercifed  with  as  much  independance,  as 
by  a Peer  of  the  Realm  ; and  though  in  a more, 
precarious  way,  and  with  greater  peril  to  the 
Party,  yet  the  objedtion  ftands  good  only  againft 
the  Tenure , not  againft  the  extent  of  Power  or 
JurifdicHon, 

For  my  own  part,  I have  ever  been  indifferent 
about  the  Stile  and  Title  of  the  Council  in  their 
Legiflative  Rank,  and  have  always  thought  it  a 
matter  of  fmall  moment,  whether  they  were 
called.  His  Majefty’s  Council,  The  Council,  The 
Board,  or  The  Upper  Houfe.  Names  may  be  pro- 
per in  fome  cafes  to  fignify  Things  j but  Name? 
can  never  confer  Rights,  or  give  a line  of  Jurif- 
didtion  j and  therefore  I have  been  fatisfied  with 
contemplating,  that  this  Body  enjoy  Subftantial 
Rights,  and  by  their  Negative  and  Controuling 
Power,  in  all  Legiflative  Adts,  are  to  be  looked 
upon  as  maintaining  a due  Balance  in  the  Confti- 
tution  of  our  Minor  State  : it  is  therefore  weak, 
nay,  childifh,  to  contend,  that  they  are  merely 
a Privy  Council,  when  the  whole  Courfe  and 
Order  of  the  Legiflative  Proceedings  diftinguifh 
them  as  one  Superior  Branch,  - -- 

H 2 Many 


[ 5?.  ] 

Many  people  argue,  that  although  Bills  arc 
fent  to  the  Council,  and  Public  Bufinefs  is  tranf- 
adted  with  them  in  a Parliamentary  way,  that 
ftill  they  are  only  a Council:  they  admit,  indeed, 
their  power  to  do  certain  Mechanical  Adis,  and 
to  give  their  Concurrence  or  Diffent  j but  they 
flatly  difallow  them  to  be  an  Upper  Houfe,  or 
that  they  are  entitled  to  any  of  thofe  Parliamen- 
tary Rights,  Privileges,  or  Diftindtions,  which  of 
peceffity  pertain  to  the  feveral  Branches  of  the 
State  : they  will  gracioufly  allow  them  all  the 
drudgery  and  toil  of  a Houfe,  with  a large  portion 
of  feurrility,  invedtive,  and  abufe ; biit  -they 
cannot  condpfcend  to  admit,  that  they  enjoy  any 
badges  or  enfigns  of  Authority,  or  that  they 
poffefs,  of  right,  a co-ercive  power  to  punifh  in 
any  cafe  whatever. 

The  Council,  confidered  merely  as  fuch,  mull 
corfent  as  well  as  advife  ; and  confequently  their 
judgments  are  to  be  informed  of  every  fadt  ne- 
ceflary  for  them  to  know,  previous  to  their  giv- 
ing fuch  confent,  No.w,  if  it  is  acknowledged, 
that  Parliamentary  pradtice  is  the  moft  eligible 
mode  of  doing  bufinefs,  what  reafon  can  in 
juftice  be  affigned,  why  they  fhould  not  be  allowed 
to  hold  aLegiflative  confequence in  fadt,  as  well 
for  their  fecurity,  as  for  maintenance  of  their 
dignity  •,  fince  they  formally  carry  about  them 
every  appearance  of  a Legiflature,  by  concur-, 
ring  in  or  rejecting,  by  altering  or  amending  Bills, 
and  by  ftridtly  purfuing  the  feveral  modes  of 
Parliamentary  procedure  ? It  feerns  pretty  clear  ' 
to  me,  that  under  thefe  circumftances,  it  is  more 
for  the  honour  and  credit  of  the  Colony,  to  view 
the  Council  as  an  Upper  Houfe,  in  imitation  of 
a Conftitution  which  every  one  alfedts  to  admire  • 
and  nothing  can  be  more  abfurd  or  unjufl  than 
to  fuppofe,  that  His  Majefty  ever  meant  to  im- 
. . TDofe 


£ 5 3 }• 

^ofe  burthens  upon'  Perfons,  without  intending 
at  the  fame  time  to  give  them  all  necelfary. 
powers  for  their  protection  and  fupport.  And 
can  any  thing  be  more  unreafonable  than  to  com. 
tend,  that  the  IVIembers  of  Afiembly,  fitting  on 
Legifiative  bufinefs  at  the  Weft  End  of  a Public 
Building,  have,  and  enjoy,  the  Privileges  ofMem- 
beis  of  the  Plouie  of  Commons  ; and  that  the 
Council  deliberating  on  the  fame ' Bufinefs  at 
the  Eaft  End  of  the  fame  Houfe,  in  the  fame 
way,  and  to  the  fame  general  end,  and  in  every 
ftage  of  which  Bufinefs  they  have  an  equal 
Concurrence,  and  ultimately  an  abfolute  Nega- 
tive on  every  Aft  of  the  Commons  Houfe  •,  and 
yet  they  ftiall  have  no  Privileges  or  Power  of  an 
Upper  Houfe,  or  Second  Branch  of  the  Lpo-if. 
lature,  but  are  to  lie  open  and  expofed  to  every 
fpecies  of  infult,  without  the  leaft  lhadow  of 
power  to  punifti  or  correft  ? The  inequality 
under  fuch  a fituation  is  fo  glaring,  that  the  due 
equilibrium  would  be  loft,  and  all  Power  would 
center  in  the  Houfe  of  Reprefen tatives. 

In  the  courfe  of  my  obfervatipns,  I have  been 
obliged  to  mention  certain  Jnftruftions  from  the 
|Cing  to  His  Governor,  as  proofs  of  His  Royal 
Intention,  that  the  Conftitqtion  of  the  Colony 
Ihould  be  affimilated  to  that  of  the  Mother^ 
Country  • and  it  is  my  wifti  that  I may  be  under- 
ftood  to  mean  that,  in  general,  Inftrufti’ons  are 
xnere  Direftions  for  the  Governor’s  Conduft  *.  but 
fometimes  they  are  in  addition  to  the  Commiffion, 
and  contain  a more  full  explanation  of  the  King’s 
Pleafure,  refpefting  the  powers  given  in,  and  by, 
the  faid  Commiflion,  under  the  Great  Seal ; and 
thereioie  fucn  Inftruftions  may  well  be  arc-ued 
from,  proyided  they  are  framed  upon  the  prim 
ciples  of  the  Englifh  Conftitution  And  this'  na- 
turally leads  me  to  view  the.  prefent  fubjeft  in 

another 


[ 54  3 

another  light,  arid  I think  it  muft  add  ‘greatly  to 
strengthen  the  foregoing  reafoning. 

‘ I lay  it  down  as  an  undeniable  propofition,  That 
rhe  King  can  give  no  other  Conftitution  to  His 
American  Colonies,  than  one  refembling  that  of 
England  •,  no  other  plan  of  Civil  Government  can 
be  inftituted  by  virtue  of  any  power  under  the 
Great  Seal  of  that  Kingdom  : for  when  the  S±ib- 
jedts  of  the  Parent-State  repaired  to  the  Weftern 
World,  they  did  not  renounce  their  Connexion 
with  it. — The  Colonies  are  not  fo  be  confidered 
as  conquered  Countries,  being  parts  and  parcels 
of  the  Britifh  Empire,  and  fettled  by  Britilh  Sub- 
jects ; and  they  <ire  the  King’s  Plantations,  but 
not  His  Conquefts,  By  the  nd  and  2 3d  Car.  II. 
c.  2 6,  they  ard  through  the  whole  Aft  called  the 
King’s  Englifh  Plantations  : and  ip  the  tenth 
paragraph  ’tis  faid,  “ lnafmuch  as  the  Planta- 

tions  are  Inhabited  with  His  Subjects  of  Eng- 
« land.”— -And  fo  in  15  Car.  II.  c.  7.  / 5.  and 
12 -Car.  II.  c.  34.  they  are  called  Colonies  and 
plantations  of  this  Kingdom  of  England. 

No  Man  v/ill  be  fo  hardy  as  to  declare,  that 
when,  the  Subjects  repaired  to  Aroenca,  they 
therefore  quitted  the  Laws  and  Conftitution  of 
their  Country  : — they  could  not  relinquifh  their 
Natural  Allegiance  •,  and  it"  was  not  in  their  pow- 
er to  do  the  other.— This  is  a Dominion  belong- 
ing, not  only  to  the  Crown,  but  to  the  Realm 
oi  England,  though  not  within  the  Territorial 
p.ealm°  Vaughan , 350,  fays,  that  they  follow 
England,  and  are  a part  of  it. 

That  Allegiance  continues,  let  the  Subject  go 
to  the  remoteft  Region  of  the  King’s  Dominions;, 
every  one  muft  readily  admit  •,  for  which  reaion, 
the  Laws  muft  govern  and  proteft  him  f : unum 


[ 55  ] 

trahit  alterum . Befides,  the  Great  Sdai  extendi 
to  America,  and  a Writ  of  Error  lies  to  allfub- 
ordinate  Dominions,  of  which  the  Plantations 
are  held  to  be  a part.  Now  to  fhew  that  this  in- 
timate Connexion,  this  continuing  and  fubfiiting 
Dependance,  were  clearly  underftood  about  the 
time  of  the  firft  Settlements  in  this  Quarter  of  the 
World,  I cannot  omit  taking  notice,  that  in 
the  Reign  of  Charles  II.  one  of  the  Articles  of 
Impeachment  againft  Lord  Chancellor  Clarendon 
was,  “ that  he  had  introduced  an  Arbitrary  Goverri- 
1C  went  into  his  Majefty's  Plantations.” 

From  thefe  general  Obfervations  it  feems  very 
evident  to  me,  that  the  Civil  Eftablifhments  of 
this  Colony,  being  made  by  the  King  Jure  Corona, 
muft  be  looked  on  as  Authorities  refpe6tively 
bearing  the  Image  of  the  like  Powers  in  the 
Mother  Country,  and  operating  in  all  refpe&s  as 
. fuch,  as  nearly  as  the  local  Condition  of  a fub- 
ordinate  and ' dependant  Colony  can  enable  them 
to  do. 

The  Refemblance  is  ftill  more  ftriking  when 
we  take  a View  of  the  different  Departments. 
We  have  Courts  of  Common  Pleas  and  King’s 
Bench,  of  Oyer  and  Terminer,  of  Chancery ; as 
alfo  a Court  of  Admiralty,  and  Ordinary  for 
. Probate  of  Wills  and  granting  Adminiftrations. 
.We  have  Circuit  Courts,  Sheriffs,  Coroners, 
Conftables,  and  Jnftices  of  Peace  ; and  thefe  fe- 
veral  Jurifdidtions  fubfift.by  the  fame  Authority, 
and  for  the  fame  great  ends,  as  the  like  Courts 
in  England.  Our  Laws  are  principally  thofe  of 
England,  in  all  the  great  Branches  of  Liberty, 
Property,  and  Perfonal  Security;  and  the  Mode 
of  Practice  is  the  Mode  obferved  in  England  in 
all  fubftantial  Points.  Our  Legiflature  confifts  of 
the  Governor,  who  reprefents  the  King;  and  he 
is  Bead  of  the  Community,  Our  Council,  con-  . 

\ filling 


*]f  C 5^  ] 

fitting  of  Twelve  Members  (for  want  of  a Nobi- 
lity) form  an  Upper  Houfe;  and  the  Lower 
Houfe,  which  anfwers  to  the  Houfe  of  Commons, 

compofed  of  the  Reprefentatives  of  the  People. 
Thefe  Three  Bodies  do  the  moll  important  Adis 
of  Legiflation  : they  raife  Money,  impofe  Duties, 
agd  pafs  Laws,  extending  to  the  Lives,  Liberty, 
and  Property  of  the  Subject  •,  and  many  perfons 
have  fuffered  death  by  Laws  of  our  Provincial 
Legiflature,  before  the  Royal  Afifent  has  been 
obtained. 

By  an  Adi  of  the  Afiembly,  patted  the  12th 
of  December,  1712,  entitled,  “ An  Act  to  put  in 
“ force  in  the  Province  of  South  Carolina,  the 
“ feveral  Statutes  of  the  Kingdom  of  England, 
tc  or  SouthBritain, therein  particularly  mentioned; 
“ the  Ads  enumerated  are  not  only  declared 
“ to  be  in  as  full  force,  as  if  they  had  been 
“ fpecially  enadled,  and  made  for  the  faid  Pro- 
*c  vince,”  or  by  any  Afiembly  thereof,  but  alfo 
the  Statutes  referred  to,  or  explaining  fuch  enu- 
merated Statutes,  and  all  the  Statutes  relating  to 
the  Allegiance,  or  declaring  the  Rights  and  Li- 
berties of  the  Subjects,  are  made  of  the  fame 
Force. 

The  feveral  Civil  Officers  are  likewife  declar- 
ed to  have  the  fame  Power  and  Authority  of  the 
like  Officers  in  England.  The  Common  Law  it- 
felf  is  alfo  made  of  force ; and  it  is  ordained, 
that  the  Courts  of  Record  fhall  have  the  power 
of  the  King’s  and  Queen’s  Court,  mentioned  in 
any  of  the  faid  recited  Adis. 

This  Civil  Order  of  Government  is  furely  a 
true  Copy  of  our  Mother-State,  fo  far  as  the 
fame  can  fuit  our  dependant  Situation  ; and  what 
cruel  Hand  will  attempt  to  fpoil  a fingle  Feature 
of  the  Pidture  ? 


Upon  . 


[ 57  ] 

Upon  a critical  Survey,  and  nice  Comparifon, 
it  muft  be  owned,  that  the  Piece,  though  it  has 
•merit,  is  not  perfect  : but  the  fame  objection  will 
lie,  with  very  great  force,  againft  the  Original  it- 
felf ; for,  though  much  has  been  done  to  give 
•ftrength  and  liability  to  the  Conftitution,  much  is 
ftill  wanting  to  fecure  it.  Every  man  knows  the 
Faults  of  the  one  •,  and  therefore  I fhall  briefly  hint 
at  the  Imperfections  of  the  other — with  this  humble 
requeft,  That  an  Argument  on  the  fcore  of  a De- 
fect, may  have  no  other  byafs  than  to  fhew,  that 
the  Copy  wants  fome  correction  and  amendment, 
t — The  grand  Flaw  in  our  Civil  Eftablifhtnent  is, 
the  Want  of  that  Independance,  fo  neceflary  to 
preferve  the  true  Political  Balance ; but  when  we 
regret  this  Want,  let  us  patiently  refleCt,  whether 
fuch  a State  of  Independence  can  properly  fubfift, 
or,  in  the  nature  of  things,  fuit  our  particular  con- 
dition. The  Governor  holds  the  firft  Rank  in  our 
Legiflafcure  •,  and  though  he  reprefents  the  King, 
it  will  be  found  impoffible  that  he  can  poflefs  fo 
large  an  Independance  ; for  he  is  but  a Delegate , 
is  only  cloathed  with  certain  limited  Portions  of 
the  Royal  Prerogative.  His  Confent  to  Laws  is 
rather  provifional,  than  final ; and,  even 'in  hisLe- 
giflative  Station,  he  is  controuled  by  Inftructions  •, 
and,  therefore,  is  a two-fold  Character,  as  Judge 
and  Minijler. 

The  uncertain  Tenure  by  which  the  Council 
hold  their  places,  points  out,  likewife,  the  fame 
want  of  Independance  ; but  is  it  a found  Argu- 
ment to  fay,  that  becaufc  thefe  two  Bodies  differ 
fo  widely,  on  comparifon,  from  the  King  and 
Houfe  of  Lords,  that,  therefore,  they  are  no 
Branches  of  our  Provincial  Legiflature  ? This, 
indeed,  is  not  afferted  in  relation  to  the  Governor  j 
but  it  would  hold  equally  ftrong  againft  him,  as 
.againft  the  Body  to  whom  it  is  oppofed ; and  coo- 
J fequently', 


[ 58  ] . , 

fequently,  by  proving  too  much,  it  adually  proves 
nothing  to  the  purpofe.  The  queftion,  properly 
put,  is  not,'  Whether  each  Body  has  as  much 
Power  as  the  like  Bodies  poflefs  ih  the  King- 
dom of  England,  for  this  is  neither  pofliblc,  or 
neceflfary  to  our  dependant  State-,  but  the  true 
queftion  is,  Whether  they  do  not  refpedively  ad 
in  points  of  Legiflation  ; and  Independently  too^ 
of  each  other  ■,  and  without  one  controulino-^  or 
unduly  influencing  the  other  ? And  I will  be°bold 
to  fay,  They  do  j for  they  fit  apart  and  the  Ads 
of  the  Council  are  not  conftdered  as  the  Ads  of 
Individuals,  but  of  the  Body  at  large.  'The  In- 
dependence, therefore,  is  decently  enough  main- 
tained in  a Conftitutional  View,  between  the  fe- 
deral Powers-  ading  feparately  within  the  Jurii- 
didion  of  the  Colony  ; and  the  dependance  is, 
ftridly  fpeaking,  only  as  finally  refting  upon  the 
King  himfelf-  or,  in  other  words,  both  Governor 
and  Council  hold  their  places  at  the  Will  of  the 
Crown,  and  yet,  ading  diftindly  in  the  Colony, 
are  independent  of  each  other.  I lay  very  little 
ftrefs  upon  the  circumftance  of  a Governor  hav- 
ing it  in  his  power  toSufpend-,  becaufe  this  is,  in 
fome  degree,  provided  againft  by  his  Inftrudions  . 
and  arbitrary  removals  fo  feldom  occur,  that 
they  can  fcarce  be  fuppofed  to  influence  the 
prefent  fubjed  of  difpute. 

It  is  by  no  means  neceflary,  that  ourLegiflature 
fnould  enjoy  the  fame  Extenfive  Rights,  and  Ho- 
norable Diftindions,  as  the  Legiflature  of  Great 
Britain  ; becaufe  we  are  fubordinate  to,  and  de- 
pendant upon,  the  Sovereign  State.  We  move  in 
a narrow  Circle,  and  have  little  more  to  do  than 
to  take  care  of  our  Eftates,  preferve  a decent  Po-1 
lice,  repair  Churches,  clear  Cuts,  make  Drains, 
mend  Roads,  and  Bridges,  and  Ourfelves,  which 
much  require  itt  and  to  thank  God  for  his  Boun- 


t 59.  1 

ty,  and  the  King  for  his  Proteftion.  And  if  tie 
will  but  modeftly  fee  what  a contracted  Scheme 
this  is,  compared  to*  the  immenfe  objects  of  a 
great  Commercial  Kingdom,  having  Territories 
in  every  Quarter  of  the  Globe,  we  fhall  be  better 
fatisfied  with  our  Condition,  and  find  lefs  fault 
with  the  feveral  Orders  of  our  little  State,  the  jm-' 
portance  whereof  is  proportioned  very  properly 
to  the  finall  -and  circumfcribed  circle,  within 
which  we  have  any  part  to  act. 

-By  this  time  1 hope  my  Reader  is  convinced* 
that  our  Colony  Conftitution  is  borrowed  from 
the  Englifh  Model ; and  as  all  the  parts  bear  fa 
near  a refemblance  • as  the  King  could  give  no 
Civil  Government  incompatible  with,  or  repucr- 
nant  to.  His  own  ; and  as  Reafon  points  out,  that 
the  refpeftive  Branches  of  our  Subordinate  States 
are  intended  to  aft  in  imitation  of  thofe  from 
whom  the  whole  plan  is  apparently  derived  •,  that 
therefore  no  exception  will  be  taken  to  deprive 
one  Body  of  Men  of  thofe  Rights,  which  they 
ought  to  hold  under  the  fame  Authority  by  which 
all  the  other  Members  of  our  Civil  State  hold 
and  enjoy  theirs.  * 

Upon  the  whole  of  this  enquiry*  I think.  it 
mult  appear,  that  His  Majefty?s  Council  are  ar 
Middle  Branch,  or  rather  an  Upper  Houle  of  Le- 
giflature  of  the  Colony  of  South  Carolina. 

When  I ferioufly  refleft,  that  the  nearer  we 
can  refemble  Ourfelves  to  the  Mother-Country, 
the  more  Honor  will  redound  ; and  when  I calf 
to  mind,  that  it  ought  to  be  our  Glory  and  Am- 
bition to  preferve  a good  Underftanding  in  that 
Quarter  ■,  I am  amazed,  beyond  meafure,  to  find 
fuch  a fpirit  of  Contradiction,  and  fueh  untoward 
Sentiments  prevail. 

_ J cannot  now  entertain  a doubt,  that  the  Coun- 
cil are  an  Upper  Houfc  * I am  well  convinced  they 
I 2 , ftami. 


E 60  J 

ftand  in  that  relation;  and  1 muft  fay,  that  tha 
daring  denial  of  this  Power  is  a bold  ftep  to- 
wards a Diffolution  of  our  Civil  Government. 
It  muft  be  confeffed,  that  the  Houfe  of  Affembly 
have  preffed  fo  forely  for  many  years  upon  this 
Second  Branch,  that  it  has  made  many  refpeflable 
Perfons  Jby  of  accepting  what  was  formerly 
efteemed  a Seat  of  Honor  and  Diftintfdon.  When 
the  General  Opinion  proclaims,  that  a Place  in. 
Council  is  a kind  of  alienation  from  the  concerns 
and  intereft  of  the  People  ; that  the  Members  are 
faid  to  poffefs  Rights  which  every  Perfon  in  the 
Community  is  called  upon  to  queftion  when  they 
are  repreiented  as  arrogating  to  themfelves,  pow- 
ers which  never  were  intended  to  be  bellowed 
upon  them,  and  there  is  no  Tribunal  on  the 
Spot  to  decide  the  difference  when  the  part 
allotted  them  to  aft  is  made  a mockery,  and  the 
Populace  are  encouraged  to  believe,  that  the 
Council  are  mere  Tools  and  Engines  to  the  Crown, 
from  whom  they  pretend  to  derive  Powers , 
which  are  wantonly  ftiled  Ufurpations ; what 
fecurity  can  fucli  a Branch  of  the  Legillature 
have,  when  they  are  neither  formidable  by 
Numbers,  nor  important  in  the  courfe  of  Ju- 
rifdiflion  ? . ; 

. The  Affembly  have  now  declared  to  the  People, 
that  there  is  no  Upper  Houfe,  and  that  a Com- 
mitment for  Contempt  by  the  Council  in  that 
character  is  Illegal,  Unconftitutional,  and  Op- 
preffive  and  fo  I muft  allow  it  to  be,  if  they 
are  not  a Second  Branch  of  the  Colony  Legilla- 
ture. - This  is  a melancholy  Judgment,  big  with 
danger,  and  fubverfive  of  all  Civil  Order : The 
bands  of  our  Society  are  now  loofened,  the  plan 
of  his  Majefty’s  Government  totally  difordered, 
and  the  Commons  are  the  vortex  which  fwallows 
all  the  pcwer.  . 

Wc 


[ 6i  J 

We  are  furely  goirtg  back  to  the  unhappy  a~rs£ 
of  1648.  Hiftory  informs  us  of  the  Evils  of 
thole  days  ; and  we  may  guefs  what  ill  effefts  will 
flow,  if  iuch  doftrines  are  revived;  efpecially  if 
there  is  no  Middle  State  to  reftrain  the  exorbi- 
tancies  of  Democradcal  Oppreflions.  Methinks 
I fee  the  beautiful  copy  of  our  Englifh  Conftitu- 
tion  much  altered  and  defaced ; yea,  the  vitals  of 
our  Civil  State  have  received  a mortal  wound  : 
but  my  bands  are  not  embrued  in  this  cruel 
murder;  and  though  I behold  ftrong  men,  like 
Sampfon *,  taking  hold  of  the  middle  pillars,  over- 
fetting  by  one  bold  effort  the  fabric  they  lupport, 
I will  fooner  be  buried  in  its  ruins,  than  be  a for- 
rowful  fpeftator  of  a Factious-  Triumph. 

If  the  Council  are  no  Upper  Houfe,  though 
they  do  the  bufinefs  of  one,  and  have  no  autho- 
rity to  Commit  in  any  cafe;  if  they  are  deftitute 
of  every  Parliamentary  Right  and  Proteftion,  E 
fee  nothing  to  oppofe  the  Sons  of  Violence  and 
Diforder  from  intruding  into  the  Council-chamber, 
overawing  their  proceedings,  obftrufting  the 
Members  in  their  Legislative  deliberations,  and 
committing  every  aft  off  difrefpeft  and  infolence 
and  under  all  thefe  pungent  aggravations,  his 
Majefty’s  Honourable  Council  mull:  either  fubmit 
to  the  affront,  or  exert  a power  which  two  Juifices 
will  under  colour  of  Law  evade,  and  for  which 
the  Aflembly  will  beflow  their  highefl  commen- 
dations. What  Man  of  Spirit  and  Reputation 
will  condefcend  to  this  inhuman  treatment  ? The 
Subjeft  who  owes  a duty  to  the  King,  likewife 
owes  a duty,  to  himfelf  ; and  if  he  neglects  to 
fupport  his  own  honour  and  dignity,  it  is  much 
to  be  feared  he  will  add  little  to  his'ftation. 


% 

t 62  1 

Men  who  ferioufly  contemplate  this  important 
fubjeot,  and  who  have  no  private  intereft  to  ferve* 
or  favourite  patTion  to  indulge,  who  fearch  for 
Truth  as  a Pearl  of  great  price,  and  wifh  the  pro- 
fperity  of  every  Member  of  the  Empire,  muft 
iilently  bemoan  the  unhappy  and  deranged  hate  of 
Public  Affairs  in  one  of  the  moft  flourilhing  Co- 
lonies of  North  America, 

I have  briefly  fketched  out  the  wide  difference 
between  the  Houle  of  Lords  and  the  Council  of 
our  Province,  and  I have  alio  hinted  that  our 
dependant  filiation  makes  it  neither  fuitable  nor  ( 
proper  that,our  Privileges  fhould  approach  a literal 
oompafifon  with  thofe  of  the  Parent-State  •,  but 
fu’ely  fo  much  power  and  weight  muft  veil  in  this 
Middle  Branch,  as  will  anlwer  the  ends  and 
pur'pofes-of  their  original  inftitution.  Every  one 
admits,  that  their  content  is  abfolutely  neceffary  to 
the  enacting  Laws  and  Statutes  ; and  it  is  this  con- 
sent which  gives  them  a Legiflative  Capacity,  and 
entitles  them  to  fuch  rights  and  privileges  of  Pai- 
liament  as  are  immediately  effential  to  their  exift-*- 
ence  as  one  diftind  Member  of  the  State.  . The 
power  of  Commitment  for  Breach  of  Privilege 
and  Contempt,  is  that  kind  of  authority  which  is 
neceffary  to  their  exiftence  as  a Body  •,  for  without 
it,  every  thing  they  do  is  a mockery  and  farce, 
-and  they  are  a mere  Pub  to  the  Whale,  to  fport  and 
play  with.  Judges,  Juftices,  and  Courts  of  Juftice, 
enjoy,  and  daily  exercife  this  power  •,  and  if  de- 
prived of  ic,  they  could  not  fubfift  a moment,  or 
anfwer  the  end  of  their  appointments.  And  if 
Magiflrates,  when  perfons  are  brought  before  th£m 
by  Habeas  Corpus,  take  upon  them  to  difeharge 
Prifone'rs  committed  for  Contempts,  becaufe  no 
Act  of  Parliament  is  produced  to  warrant  the 
Commitments,  I am  inclined  to  believe,  that  the 
Court  which  Committed  would  devife  fome  plan 


'[  M .1 

of  puniftiment  for  fuch  an  infolent  offence.  Per- 
haps fome  ignorantly  fuppofe,  that  this  power  of 
Commitment,  the  Privileges  of  Parliament,  and 
the  Right  which  Courts  fometimes  pradife  of  giv- 
ing Protedions  in  certain  cafes,  all  fpring  as  con- 
ceffions  from  the  Crown  : but  this  is  not  the  fad  j 
for  the  Prerogative  has  no  fuch  powers  to  mve. 
Perhaps  others  believe,  that  they  are  derived  from 
fome  old  Statute,  deep  buried  in  the  Rolls  of  Par- 
liament. This  neither  is  the  cafe.  No;  thefe 
powers  arife  by  the  neceflary  operation,  of  Law, 
as  incident  to  the  refpedive  Courts  and  Offices 
which  exercife  the  fame  ; they  are  entwined,  as  it 
were,  in  the  Conftitution  itfelf,  and  are  as  much 
a part  of  the  Law  of  the  Land,  as  Magna  Charta, 
or  any  other  venerable  Statute.  The  King  cannot 
make  Law,  or  create  Privilege ; but  it  is  the  Con- 
ftitution itfelf  which  conveys. peculiar  and  acknow- 
ledged Rights,  and  Privileges,  and  Protedions,  to 
the  Parliament,  to  certain  Officers  of  Trull,  and 
to  the  Courts  and  Minifters  of  Jullice.  Their 
origin,  perhaps,  cannot  be  traced  to  the  fpring- 
head,  any  more  than  many  principles  .of  Law  ; 
but  immemorial,  uiage,  general  conlent,  and  ur- 
gent neceffity,  have  given  them  as  deep  and  good 
a root,  as  written  Laws  or  Statutes.,  poffibly  could 

The  Ninth  Article  of  Rights  infifted  upon  at 
the  time  of  the  Revolution,  is,  " That  the  Free-1 
dom  of  Speech,  and  Debates  or  Proceedings 
in  Parliament,  ought  not  to  be  impeached  or 
queftioned  in  any  Court  out  of  Parliament.’* 
Now,  comparing  our  Legiflature,  for  the  purpo- 
ses of  our  own  interior  Polity,  to  the  great  Ori- 
ginal from  which  the  fame  is  evidently  copied,  it 
feems  unjuft  to  the  laft  degree,  that  the  Proceedings 
of  a Provincial  Council  fhould  be  impeached  and 
queftioned,  nay  over-ruled  by  Inferior  Magistrates ; 

and 


r h 3 

and  that  perfons  fliould  be  abfolutely  fet  at  liberty, 
Committed  by  them  adding  legiflatively  ; and  that 
the  Affembly  fhall  alfo  be  permitted  to  interfere, 
cenfure  the  Middle  State  of  the  Colony,  and  give 
marks  of  applaufe  to  their  own  Members  who 
prelumed  to  decide  lo  nice  a queftion.  And  this 
is  the  more  extraordinary,  when  it  is  confidered, 
that  the  Adi  of  Settlement  at  the  Revolution,  gives 
no  new  and  unknown  Rights,  but  merely  declares 
fuch  as  the  People  thdn  claimed  to  be  their  indu- 
bitable Rights  and  Liberties ; and  like-wife  when 
we  farther  refledl,  that  our  Patriots  are  always  hap- 
py to  point  at  periods  which  have  been  lo  condu- 
cive to  the  eftablifhment  of  Public  Freedom. 

No  man  can  give  a good  reai'on,  why  the  Af- 
iembly  fhould  have  fuch  Rights,  and  deny  them 
to  the  Council;  for  they  can  only  claim  them  as 
bearing  a relation  to  that  Body  which  enjoy  them 
in  England,  and  the  Council  can  only  do  the 
fame  ; and  it  cannot  admit  of  doubt,  that  the 
power  is  as  neceflary  andefiential  to  the  one  Branch, 
as  it  is  to  the  other.  Perhaps  it  may  be  faid, 
that  the  Council  are  few  in  number,  and  that  the 
power  may  be  abufed.  To  this  1 can  only  anfwer. 
That  Popular  Alfemblies  are  moll  likely  to  be  hur* 
ried  into  a6ts  of  precipitation,  as  well  as  violence-, 
and  that  the  objection  to  Power,  merely  becaufe 
the  fame  may  be  abufed,  is  weak  to  a degree  : 
and  when  I allure  my  Reader,  that  the  Power  of 
Committing  has  never  been  exercifed  by  the  Coun- 
cil more  than  twice  from  the  firlt  Settlement  of 
the  Colony,  no  great  llrefs  can  be  laid  upon  the 
danger  of  intruding  the  Upper  Houle  with  fuck 
a Power.  But  to  fhew  my  candour,  I mull  frank- 
ly own,  that  this  argument  is  as  ftrong  to  prove 
the  People  very  good,  as  to  prove  the  Council  eij- 
ther  temperate  or  wile. 

Th* 


[ ^5  ] 

. The  whole  fcope  of  the  argument  againft  the. 
, Council’s  power  as  an  Upper  Houfe  is,  .That  they 
are  not  as  Independant  as  the  People  wifh,  and  of 
courie  do  not  poflefs  that-  degree  of  Freedom, 
which  befits  the  Legi  dative  Body  of  a Free  Coun- 
try ; that  is,  the  Council  are  not  the  Hereditary 
Counfellors  of  the  King,  nor  do  they  poflefs  many 
of  the  high  privileges  which  pertain  to  that  illu- 
ftrious  body.  They  are  no  Court  of  Judicature, 
nor  do  they  try  their  own  Members  on  life  and 
death;  they  derive  nothing  from  prefcription  or 
time  immemorial;  and  their  tenure  is  at  the  plea- 
fure  of  the  King,  or  at  the  will  of  a Governor. 
And  becaufe  thefe  things  are  fo,  fhall  this  Branch 
have  no  privilege  whatever  ? Becaufe  they  are  not 
wholly  Independant,  are  they  on  that  fcore  to  be 
Dependant  altogether  ? Is  there  no  intermediate 
flate  between  the  moft  extenfive  and  the  mod  li- 
mited authority  ? And  becaufe  the  Council  are 
not  a Houfe  of  Lords,  are  they  deftitute  of  all  Le- 
giflative  Rights  ? This  kind  of  reafoning  is  pre- 
fumptuous  to  a great  degree;  becaufe,  granting 
we  poflefled  thofe  ample  powers,  they  muft  be 
ufelefs  burthens.  We  have  neither  Finances  to 
maintain  the  dignity,  or  Objedts  to  deferve  the 
fplendor ; our  State  is  narrow,  and  our  wants  are 
few ; we  have  no  prolpedt  beyond  the  limits  of 
the  Colony,  and  therefore  the  Nobility  would  be 
idU  affediation , fooliJJj  pageantry  and  infenfible  pa- 
rade. But  thefe  circumftances  by  no  means  ex- 
clude fuch  incidental  and  concomitant  powers  as 
are  neceflary  to  fupport  a certain  degree  of  dig- 
nity and  weight  fuited  to  our  cafe,  and  requifice 
for  t.he  maintainance  of  due  order  and  diftindtion. 
When  time  fhall  ripen,  and  make  us  Independant, 
we  may  afpire  to  Dukedoms , and  pant  for  Dord- 
Jhips  j but  at  prefent,  we  may  content  ourfelves 

K with 


E w ? 

With  the  power  we  which  is  nearly  eqttaf' 

to  the  power  we  really 

I take  it  for  granted,  that  I have  faid  fuffkien? 
to  convince  my  Readers,  that  the  Council  are  an 
Upper  Houfe,  and  have  a right  to  Commit  for  a 
Breach  of  Privilege  and  Contempt ; 1 (hall  there- 
fore only  cite  a few  Cafes  to  convince  them,  that 
a Man  cannot  be  legally  difcharged  by  any  Power 
whatever  from  a Warrant  of  Commitment  by  a 
Legiflative  Body,  ’ during  the  fitting  of  both 
Houfes. 

In  theCafe  of  one  Sheridan,  who,  in  16 80,  was 
m.cuitody  by  Order  of  the  Houfe  of  Commons-, 
and  who  applied  for  a Habeas  Corpus,  which  was 
denied,  the  matter  was  agitated  in  the  Houfe*, 
and  one  of  the  foundeft  Lawyers  in  thofe  days. 
Sir  William  Jones,  in  exprefs  terms  declared,  that 
the  Habeas  Corpus  Aft  doth  not  extend  to  Com- 
mitment by- either  Houfe  of  Parliament ; that  it 
relates  merely  to  Cafes  bailable  * that  Commit- 
ments by  the  Houfe  are  in  the  nature  of  Judg- 
ments ; and  that  no  Commitment  on  a Judgment 
is  a bailable  Cafe.  This  happened  about  two 
years  after  the  Habeas  Corpus  Aft  pafled,  which 
makes  it.a  ftrong  argument  in  point. 

The  celebrated  Cafe  of  the  Aylelbury  Men  has 
fettled  this  matter  beyond  a doubt  ; and  the  only 
Cafe  which  has  occurred  fince  that  Determination, 
is  that  of  the  Honourable  Alexander  Murray, 
about  twenty-two  years  ago  who  being  Com- 
mitted by  Order  of  the  Houfe  of  Commons,  and 
a Habeas  Corpus  being  iflued,  the  caufe  returned 
By  the  Goaler  was  only  an  Order  of  the  Houfe  of 
Commons,  without  any  crime  jilledged  j and  the 
Judges  declared  they  could  not  “ Queftion  the 
“ Authority  of  that  Houfe,  or  Demand  thecaufe 
“ of  their  Commitrfient,.  or  Judge  the  fame  *,’* 
and  they  remanded  the  Prifoner : this  great  point 


t «7  } - 

is  therefore  dearly  fettled,  and  ffcze?  is  become  the 
Eftablifhed  Law  of  the  Land. 

Some  people  objed,  that  the  Council  are  a 
mixed  Body,  and  that  it  is  improper  to  veft  the 
fame  perfons  ading  as  Advifers  to  the  Governor 
with  the  LegiQative  Powers  of  an  Upper  Houfe  ; 
■but  I fee  no  great  weight  in  this  Objedion  ; as 
there  is,  in  fad,  no  connexion  between  the  re- 
fpedive  Duties,  they  being  altogether  diftind,  and 
fddom  bearing  the  leaft  relation  to  each  other: 
however,  granting  that  a Cafe  may  arife  in  the 
Legiflature  which  had  been  in  fome  degree  under 
the  confideration  of  the  Council  of  State*  it  can- 
not be  fuppofed  that  the  Members  of  the  Council 
will  counterad  Legijlaiively , what  they  had  before 
done  or  advifed  as  a Board  of  Privy  Council,  be- 
caufe  thefe  different  fituations  .create  no  feparate 
interefts,  neither  do  they  fubjed  th-  Members  to 
any  invincible  necejfity  of  ading  in  a manner  eontra- 
didory  or  repugnant  to  themlelves. 

This  Body,  by  their  very  conftitution,  are  in- 
tended to  maintain  a kind  of  Balance  between  the 
Crown  and  the  People  •,  for  “ the  two  Houfes  * 
“ naturally  drawing  in  two  diredions  of  oppofit® 
“ interefts,  and  the  Prerogative  in  another,  ftill 
different' from  them  both,  they  mutually  keep 
each  other  from  exceeding  their  proper  limits.’* 
The  Council  are  a fort  of  Barrier  to  withftand  the 
Encroachments  of  the  Lower  Houfe  ; and  by  the 
experience  of  a Century  at  leaft,  the  Inftitution 
has  been  found  to  anfwcr  extremely  well  the  pur- 
pofes  of  our  Subordinate  Jurifdidion.  The  great 
miftake  in  which  men  find  .tnemfelves  involved 
upon  the  fubjed,  is  wholly  owing  to  an  Original 
Error.  We  are  apt  to  argue  from  the  fituatio'n 
pf  a great  and  mighty  Kingdom,  without  perceiv- 

* i.  Blackft.  155. 

K z ing. 


f 68  3 

ing,  that  political  fitnefs  and  expediency,  fucH  a$ 
are  fuired  to  the  Rank,  the  Wants,  or  Neceflities 
of  an  Empire,  cannot  be  applied  to  our  limited 
condition.  The  fitnefs  muft  undergo  various  changes 
and  modifications;  and  though  we  may  retain 
certain  features  fufficient  to  prelerve  a kind  of  re- 
femblance,  and  mark  our  Filiation,  it  is  impoftible 
v/e  can  literally  copy  the  whole  piece. 

The  Eftablifhment  of  Provincial  Councils  in 
their  prefentiorm,  has  till  lately  given  fatisfacftiou 
both  to  the  Crown  and  People,  and  the  ap- 
portion which  has  been  ftirred  for  feveral  years 
paft,  is  owing  to  feme  Alterations  which* 
Time  has  produced  *,  the  moft  material  of 
which  is  the  encreafe  of  the  People’s  Reprefenta- 
tives  in  General  Afiembly,  whereby  the  due  equi- 
poife  is  in  a great  meafure  loft,  and  the  weight  of 
power  centers  with  the  People.  Like  caufes  will  in 
all  Countries  produce  like  effects  ; and  whenever 
that  nice  aequilibrium  which  the  different  Branches 
of  the  Conftitution  are  intended  to  preferve,  is 
loft,  by  an  accefiion  of  too  much  power  to  either 
Branch,  the  one  will  of  courfe  fwallow  up  the 
other.  Thus  it  happened,  the  laft  Century  *,  when  the 
Commons  had  refolved  upon  the  Downfall  of  Mo- 
narchy, they  like  wife  voted  the  Houfe - of  Lords  to 
be  ufelefs  and  dangerous. 

The  Colony  fuffers  in  no  refpedl  by  the  twofold 
character  of  a Council  •,  but  if  a Privy  Council 
were  to  be  formed  promifeuoufly  from  the  Mem- 
bers of  both  Houles,  this  would  weaken  the  weight 
of  the  Crown,'  and  add  greatly  to  the  fcale  of  the 
People,  which  ftands  in  need  of  no  addition.  But, 
in  my  apprehenfton,  it  feems  ablolutely  neceffary 
that  the  Numbers  of  the  Council  fliould  be  en- 
creafed  ; and  for  this  plain  "and  obvious  reafon, 
Bec^ufe  a body  of  Twenty-four  Counfellors,  for 
inftance,  appointed  by  the  King  from  the  Firll 

, Rank 


[ e9  ] 

Ilank  of  the  People,  moft  diftinguifhed  for  their 
Wealth,  • Merit,  and  Ability,  would  be  a means 
of  diffufing  a confiderable  Influence  through  every 
Order  of  Perfons  in  the  Community,  which  mult 
- extefld  very  far  and  wide,  by  means  of  their 
particular  connections  ; whereas'  a Council  of 
Twelve,  feveral  of  whom  are  always  abfent,  can 
have  little  weight,  nor  can  their  voices  be  heard 
amidft  the  clamour  of  prevailing  Numbers. 

I think  this  Body,  aCting  Legiflatively,  ought 
to  be  made  independent,  by  holding  that  Ration 
during  the  term  of  their  Natural  Lives,  and  de- 
terminable only  on  that  event,  or  on  their  intire 
departure  from  the  Province.  But  the  fame  Perfon 
might  neverthelefs,  for  proper  caufe,  be  difplaced 
from  his  Seat  in  Council ; which  regulation  would, 
in  a great  meafure,  operate  as  a Check  to  an  arbi- 
trary Governor,  who  would  be  cautious  how  he 
railed  a powerful  Enemy  in  the  Upper  Houle  by 
a rafh  Removal ; at  the  fame  time  that  the  power 
of  Removal  would  keep  the  Member  within  pro- 
per bounds.  The  Life-Tenure  of  his  Legiflative 
Capacity  would  likewife  fufliciently  fecure  that  In- 
dependency  which  is  fo  neceflary  to  this  Ration,  and 
fo  agreeable  to  the  Conftitution  of  the  Parent- 
State.  I know  fome  folks  will  raife  both  fcruples 
and  fears  ; but  for  my  own  part,  I think'  without 
much  reafon  : for  if  we  attend  to  the  workings  of 
human  nature,  wefhall  find,  that  a certain  degree 

Attachment  commonly ' arifes  to  the  Fountain 
from  whence  an  Independent  Honor  flows.  Op- 
polition  feldom  fettles  upon  the  perfons  wl^o 
are  railed  to  Dignity  by  favor  of  the  Crown,  it 
having  fo  much  the  appearance  of  Ingratitude,  one 
of  the  molt  deteRed  vices  ; and  it  ever  ads  a 'faint 
and  languid  part,  till  a Defcent  or  two  are  pafl, 
and  the  Author  of  the  Elevation  is  extinCt.  From 
this  reafoning  it  feems  tolerably  clear  to  me,  that 

thf 


t 7®  J 

tJie  Legiflator  being  for  life,  and  deriving  bis 
confequence  from  the  Crown,  will  rather  incline 
to  that  fcale  \ and  it  is  not  probable  that  his  oppo- 
sition could  in  any  inftance  be  rancorous  or  factious, 
jnafmuch  as,  though  his  Life-Eftate  is  fecure,  he 
would  not  wtfh  unneceffarily  to  excite  the  refent- 
enent  of  the  Crown,  or  exclude  his  Defendants 
of  Connexions,  perhaps,  from  fucceeding  after- 
wards to  fuch  a Poft  of  Honour  and  DiftinXion  in 
their  Native  Country  : in  fhort,  this  idea  feems  to 
admit  fuch  a qualified,  Dependency , as  will  attach  the 
Perion  to  the  fide  of  the  Crown  in  that  propor- 
tion  which  the  Conftitution  itfelf  allows,  and  yet 
lb  much  veal  Independency , as  will  make  him  fuper 
jior  to  aXs  of  Meannefs,  Servility,  and  Oppreffion, 
Whether  thefefentiments  are  well  founded,  or  not, 

1 fubmit  to  the  impartial  judgment  of  my  Reader ; 
what  I principally  mean  to  infer  is*  that  theHap- 
pinels  of  thefe  Colonies  much  depends  upon  a due 
blending  or  mixture  of  Power  and  Dependence,  and 
in  preierving  a proper  Subordination  of  Rank  and 
Civil  Difcipline.  • 

Some  few  diftinXions  it  might  be  proper  to  an- 
pexf  to  this  fituation,  as  an  inducement  to  Men  of 
Family  and  Fortune  to  accept  the  truft ; for,  in 
its  prefent  impotent  ftate,  it,  is  a real  burden  ; and 
as  being  overborne  by  the  force  of  Numbers  in 
'the  Lower  Houfe,  is  rendered  obnoxious  to  the 
People,  and  opprefiive  to  the  Party. 

Thefe  hints  I venture  to  throw  out  as  a kind  of 
temporary  or  provifional  expedients,  fuch  as  may 
fuit  our  prefent  ftate  ^ and.  condition,  and  in  con- 
formity, in ' fome  degree,  to  the  original  plan 
iketched  out  on  the  Firft  Settlement  of  our  Ame- 
rican Colonies,  What  may  be  fit  and  proper  far 
each  Province  upon  a change  of  the  Syftem  alto- 
gether, and  upon  a more  enlarged  and  cornpre- 
frenftve  plan,  l do  not  prefume  at  prefent  to  lug- 


[ 71  ] , • 

geft ; the  fubje&s  of  this  Pamphlet  beihg  princr* 
pally  confined  to  one  particular  Colony  ; and 

' therefore  an  entire  new  fcheme,  or  plan,  upon 
untried  ideas,  is  rather  foreign  to  my  prefent  pur- 
pofe.  When  the  Colonies  have  made  furtherad- 
vances  in  Population,  Trade,  and  Science,  fome 
other  mode  of  Government  may,  at  a future  day, 
become  necefiary  for  the  fafety  and  fecurity  of  the 
American  Dependencies,  and  for  the  permanent 
eftablilhmentof  Britifh  Rule  and  Sovereignty^over 
thefe  diftant  and  remote  Members  of  the  Empire: 
at  prefent,  the  old  Original  Draught  will  probably 
anfwer  every  purpofe,  with  the  aid  of  a few  occa- 
sional improvements,  fuch  as  time,  and  a change  of 
ciroumftances,  naturally  fuggeft,  without  doing 
the  leaft  degree  of  violence  to  the  prefent  Syftem. 
In  every  human  work,  we  find  fo  much  work  of 
the  Moment  prevail  when  it  was  firft  fabricated, 
that  a few  years  often  convince  the  Original  Pro- 
jectors, how  Ihort-fighted  and  imperfeCt  their  ideas 
were,  how  unequal  to  anfwer  any  material  vicilfi- 
tudes,  or  to  fuftain  the  weight  which  it  was  intend- 
ed to  bear.  Daily  experience  muft  convince  every 
thoughtful  man,  that  the  ’political , as  well  as  the 
corporeal  Syftem  ftands  in  conftant  need  -of  cor- 
rection; that  the  motions  of  the  one  are  frequently 

- affected  by  foreign  and  acciderital  caufes,  as 
well  as  the  other;  that  a due  and  orderly  circula- 
tion may  be  wanting  in  both';  that  grofs  humours 
oftentimes  arife,  and  threaten  danger,  unlefs 
fpeedily  removed  and  wifely  managed  ; that  as  exr 
crefcences  do  many  times  deform  and  affiiCt  the 
natural  body,  fo,  in  like  manner,  uncommon  tu- 
mours invade  the  Body-Politic,  and  render  it  dif- 
eafed  and  infirm;  therefore  Art  muft  fupplythe 
want  of  fore  fight,  and  fuch  phyfical  Ikill  muft 
be  exercifed,  to  remove  maladies,  and  reftore 

- to  foundnefs,  as  the  prevailing  fymptoms  may  re- 

quire. 


[ 7*'  1 

quire.  Idle  Quackery  muft  be  totally  avoided  ; fof 
no  Cure  lefs  than  radical , can  be  of  material  mo- 
ment, whether  the  machine  be  human  or  political. 

I cannot  clofe  this  fubject  without  exprefling 
my  fincere  concern,  that  fuch  unhappy  difputes  di- 
vide mens  minds,  and  diftradt  the  Public  Coun- 
cils of  this  Country  *,  and  I have  prefumed  to  offer 
thefe  confiderations  to  the  world,  that  the  fubjedt 
may  be  fully  underftopd,  and  that  the  Colony  as 
well  as  others  may  judge  of  it  with  the  greater 
eafe  and  certainty,  by  feeing  every  fadt  fairly  ftated 
and  candidly  difcuffed.  But  I muft  again  repeat,- 
that  Twelve  Members  of  the  Council  bear  no  kind 
op  proportion  to  the  numbers  of  the  Lozver  IBouje^ 
which  confift  of  Forty-eight  Members  : and  what 

ftill  adds  to  the  defedt  is,  that  as  feveral  of  the 
Council  are  frequently  and  neceffarily  abfent  on 
their  own  private  concerns,  and  it  often  happens, 
that  others  are  either  abfent  from  the  Province,  or, 
through  ficknels,  are  unable  to  attend,  the  Coun- 
cil feldom  confift  of  more  than  jive  perfons  •,  and 
commonly  only  three  affemble  to  dilpatch  the 
moft  weighty  concerns.  This  circumftance  leflens 
the  real  and  conftitutional  dignity  which  this  Body 
are  intended  to  maintain,  and  the  People  cannot 
be  taught  to  reverence  or  refpedt  an  inftitution, 
the  Bufmefs  whereof  is  tranfadled,  like  a Court  of 
Quarter  Seffions,  by  three  Juftices  of  Peace ! 
Hence  it  is,  that  the  Middle  Branch  is  in  a manner 
overwhelmed  by  the  force  of  numbers  in  the 
Lower  Houfe,  and  that  they  fall  into  Derifiop 
and  Contempt  for  the  want  of  Numbers  in  their 
own.  I therefore  moft  ardently  wiih  to  fee  this 
remedied,  by  fuch  an  addition  to  the  number 
of  his  Majefty’s  Council,  as  that  Twelve  Members 
at  leaft  may  always  be'affembled  on  the  Bufinefs 
of  the  State  ; then,  and  not  till  then,  will  this 
middie  Branch  be  able  to  maintain  a proper 

Balance, 


r 73  i 

Balance  to  fupport  their  own  Conftitutional 
importance,  and  to  withftand  the  overbearing  at- 
tempts, and  the  haughty  encroachments  of  the 
Lower  Houfe, 

I fincercly  wifti  the  lafting  happinefs  of  the  Co- 
lony, of  South  Carolina  ; and  I am  firmly  perfuad- 
ed,  that  nothing  is  fo  likely  to  promote  it,  as  a 
timely  and  lpeedy  interpofition  on  the  part  of  the 
Crown,  and  a aecifive  fettlement  of  thefe  uneafy 
contentions  upon  the  found  principles  of  the  Eng- 
lilh  Conftltution. 

Although  it  is  not  the  immediate  defign  of  the 
prefent  Publication  to  confider  American  Affairs 
at  large,  it  may  poffibly  be  expe&ed,  that  fome~ 
thing  fhould  be  laid  concerning  the  general  rela- 
tion which  the  Colonifts  bear  to  the  Mother-' 
Country  .•  and  that  having  traced  the  Conftltution 
of  the  Colonies,  and  obferved  upon  its  refem- 
blance  to  the  Britifh  Model,  it  may  not  be  alto- 
gether foreign  to  offer  a few  thoughts  on  their 
Common  Rights,  as  the  remote  Children  of  Great 
Great  Britain. 

So  much  has  been  faid  on  the  right  of  Taxa- 
tion, and  like  wife  on  the  idea  of  Virtual  Reprefen- 
tation , that  I forbear  to  offer  one  fentiment  about 
them  ; and  the  rather,  as  I am  inwardly  perfuad- 
ed,  that  the  grand  fecurity  of  the  Colonifts  againft 
unreafonable  Burthens,  Taxes,  or  Impofitions 
of  any  kind  by  the  Mother-Country,  ("granting 
the  Right  to  do  fo  to  be  unqueftionabiy  clear) 
confifts  ’in  this:  That  the  Interefts  of  both  Coun- 
tries are  fo  blended  together,  and  fo  entirely,  in- 
termixed, that  it  is  not  pofiible  for  the  Parent- 
State  to  opprefs  her  Colonies,  without  fenfibly 
feeling  at  the  fame  time,  and  alfo  partaking  of  \ 
proportionable  fhare  of  the  evils  anting  from  any 
falfe  meafure  whatfoever.  Colonization  cannot 
thrive  under  hardlhips  and  difeouragements ; and 

L when 


[ 74  3 

when  the  Colonies  begin  to  languifli,  Britain  may 
begin  to  tremble.  America  therefore  h^s,  ferioufly 
fpeaking,  nothing  to  fear  •,  for  Inteteft  alone, 
without  the  principle  of  love  fpringing  from 
fuch  a near  and  dear  alliance,  will  always  bring 
matters  right,  and  prevail  againft  bad  policy  and 
evil  machinations. 

The  following  ideas  form  a part  of  my  Ame- 
rican Creed  : The  happinefs  and  profperity  of 
Great  Britain  and  her  Colonies  depend folely , under 
God,  on  a firm  and  indijjoluble  Union ; and  there- 
fore every  man  who  v/ifhes  well  to  his  Country, 
ought  t6  lay  afide  all  narrow  and  contracted  no- 
tions, and  fhou Id  exert  his  utmoft  abilities  to  re- 
move idle  Prejudices,  ill-grounded  Jealoufies, 
Vulgar  Errors,  and  mifconceived  ideas ; and  by 
reforting  to  the  Principles  of  our  Conftitution 
to  rectify  Political  Miftakes,  he  will  thereby  pro- 
mote the  Public  Good,  and  enforce  a uniting^  con- 
ciliating, and  ftrengthening  Syjletn. 

The  King’s  regal  power  is  as  extenfive  as  his 
Territory ; and  as  there  rpuft  be  in  every  State 
one  fupreme  Legijlalive  Jurifdidtion,  fo  the  fame, 
in  like  manner,  has  a right  to  an  occafional  exer- 
cife  thereof,  over  the  moft  diftant  and  remote 
Branches  of  the  Empire.  And  this  one  over-rul- 
ing Power  is  implied  in  the  nature  of  things ; for 
there  cannot  exift,  at  one  and  the  fame  time,  in 
the  fame  Empire  Two  fupreme  JurifdiCtions*,  be- 
caufe  Equals  can  on  no  fcore  controul  Equals , and 
Two  fupreme  Directions  imply  two  diltinCt  and 
feparate  States : I therefore  hold,  that  in  our  Go- 
vernment this  One  Supreme  Legijlature  is  the  Bri- 
tijh  Parliament , which  clearly  pofleffes  fummum 
imperium  -,  whilft  our  Colonies,  at  the  fame  time, 
pofTefs  certain  Subordinate  Powers  of  Legiflation, 
as  efiential  to  their  Political  Exiftence. 


The 


[ 75  ] 

The  Colonies  are  not  Conquefts,  but  Englifh 
Plantations  ; they  are  the  Genuine  and  Legiti- 
mate Offspring  of  Great  Britain,  and  are,  beyond 
all  doubt,  well  entitled  to  jus  'publicum , and  jits 
privatum.  That  they  are  part  and  parcel  of  the 
King’s  Dominion,  and  were  intended  to  be  united 
thereto  as  intimately  as.poflible,  appears  from  the 
fpirit  and  fenfe  of  all  the  Charters,  from  the  ex- 
prefs  words  of  the  feveral  A£ts  of  Navigation,  and 
from  all  the  Statutes  wherein  any  mention  is  made 
of  America,  from  the  firft  foundation  and  fettle- 
ment  of  the  Colonies  to"  the  prefent  day  ; it  is 
therefore  idle  to  queftion  this  fuperintending  and 
over-ruling  power  of  the  Britifh  Parliament,  or  its 
right  to  extend  to  thefe  remote  Countries,  as  par- 
cels cf  one  great  State,  to  which  they  are  united. 
“ Truth,  as  Dr.  Cud  worth  fays,  is  the  moft 
“ unbending  and  uncompliable,  the  moft  necef- 
“ fary,  firm,  immutable,  and  adamantine  thing 
“ in  the  world.” 

That  the  Union  between  the  two  Countries 
may  be  the  more  compleat,  I earneftly  wifh  the 
Colonifts  to  fee  their  happinefs  in  that  very  'De- 
pen dome  e on  the  Mother-Country,  which  is  their 
beft  fecurity,  both  againft  Foreign  and  Domeftic 
Foes  •,  at  the  fame  time  I as  fincerely  wifh,  that 
the  Britifh  Rule  over  thefe  diftant  and  valuable 
Territories,  may  always  be  mild,. temperate,  and 
juft,  and  that  fo  much  of  the  Englifh  Conftitution 
as  can  confiftently  be  interwoven  into  Ehefe  Subor- 
dinate Jurifdiftions,  may  be  from  time  to  time 
added,  to  complete  the  Image  of  that  model, 
which  it  is  intended  to  reprefent. 

There  is  not  a maxim  of  Religion,  Morals,  or 
Politics,  more  evident  to  me  than  this  : That 
America  is  a Hen  that  lays  her  Golden  Eggs  for 
Britain  •,  that  fhe  muft  be  cherifhed  and  fupported 
as  part  of  the  great  Family  of  Britain  •,  then  will 

L 2 her 


f 7*  I 

i v 

Her  Trade  encreafe  y and  in  return  flie  muft  prow 
mote  and  augment  her  Commercial  conne&iotv 
with  the  Mother-Country,  and  “ f cling  to  her 
like  as  the  vine  curls  her  tendrils ,.  which  implies 
“ fubjcBion." 

It  is  certainly  proper  that'  the  Coloniffo,  in 
ton  fide  ration  of  protection,  fhoul’d,  on  their  parts, 
maintain  a becoming  reverence  and  efteem  for  the 
Supreme  Power  of  that  Empire,  of  which  they 
are  Members.  Their  Allegiance,  Honour,  Gra- 
titude, Faith,  and  every  thing  elfe  are  pledged  in 
confidence  to  the  Parent-State  y it  is  their  Duty  to 
give  ftrength  to  the  Commonwealth,  and  to  ufe 
their  Liberty,  not  as  a Cloak  for  Licentioufnefs, 
but  for  the  maintainance  of  Civil  Order.  The^r 
fiiould  always  remember  that  Liberty  is  beft  fup- 
ported  by  a fettled  plan  of  Government,  and  that 
contumelious  treatment  of  the  Mother-Country  is 
at  all  times  a bad  lefibn  to  the  Members  of  their 
own  Subordinate  State  : In  fhort,  they  fiiould  lay 
afide  Jealoufies,  and  nourilh  a fpirit  of  Truft  and 
Confidence  •,  always  keeping  in  remembrance 
what  a celebrated  Writer  hath  long  fince  faid, 
“ § This  is  not  the  Liberty  which  we  can  hope, 
“ that  no  grievance  ever  fiiould  arife  in  the  Com- 
monwealth  : That,  let  no  man  in  this  world 
“ expedt ; but  when  Complaints  are  freely  heard, 

“ deeply  confidered,  and  fpeedily  reformed,  then 
“ is  the-utmoft  bound  of  Civil. Libeity  attained, 
that  wife  men  look  for.” 

t it 

§ Ibid. 


POSTSCRIPT, 


f Miltop. 


r n 1 


postscript. 

SINCE  the  foregoing  Sheets  were  finally 
compleated,  Mr.  Thomas  Powel  the  Printer, 
(whofe  Name  has  been  already  mentioned,  page 
33,  and  who  had  been  fo  fortunately  relieved 
from  his  Confinement  by  Two  Magiftrates  under 
the  Habeas  Corpus  A£t,  as  before  related)  at- 
tempted by  his  Attorney,  on  Tuefday  the  18th 
of  September  laft,  (being  the  Return-day  for  the 
Procefs  of  the  Court  of  Common  Pleas  in  the 
Colony  of  South  Carolina)  to  file  a Bill  againft 
Sir  Egerton  Leigh,  Prefident  of  the  Council,  (he 
being  likewife  one  of  the  Lawyers  of  that  Court) 
to  anfwer  to  the  Complaint  of  the  faid  T.  Powel, 
for  Affiult  and  falfe  Imprifonmeht  of  his  Perfon, 
to  his  Damage  1900  1.  currency  5 and  that  Gen- 
tleman being  prefent  when  a Motion  was  made 
for  Leave  to  file  the  fame,  he  took  occafion  to 
inform  the  Court,  that  the  Afiault  and  Imprifon- 
ment  Hated  in  the  Bill,  relate  to  a Warrant  of 
Commitment  figned  by  him  at  the  laft  fitting  of 
the  Legiflature  of  this  Colony,  and  by  the  exprefs 
Order  of  the  Upper  Houfe  of  AJfemMy , for  a Breach 
of  Privilege  and  Contempt  committed  by  the  faid 
T.  Powel ; and  therefore  he  fubmitted  it  to  the 
Court,  whether  it  was  proper  to  admit  fueh  a 
Bill  to  be  filed  ; and  he  likewife  reminded  their 
Honours  the  Judges  of  the  .ytb  Article  contained 
in  the  Att  of  Settlement , 1 William  and  Mary, 
Self.  2.  c.  2.  of  Force  in  that  Colony,  “ That 
“ the  Freedom  of  Speech,  and  Debates  or  Pro - 
“ ceedings  in  Parliament , ought  not  to  be  im- 
“ peached  or  quefiioned  in  any  Court  or  place  out 
‘‘  of  Parliament.”  1 


-The 


78  POSTSCR  IP  T. 

The  Chief  Juftice  declared  the  Cafe  to  be  a 
point  of  the  utmoft  moment ; and  as  the  Bench 
was  thin  (only  one  Affiftant  Judge  being  prefent), 
the  motion  for  filing  the  Bill  was  poftponed,  and 
the  Attorney  accordingly  withdrew  it  for  the 
prefent.  ; 

On  the  12th  of  Qdtober  (being  the  firft  day 
qf  Term)  the  Bill  was  filed;  and  on  a four-day 
Rule  being  ferved  on  the  Defendant,  he  made  an 
Affidavit,  ftating.  That  the  caufe  of  a&ion  related 
folely  to  matters  tranfacled  in  the  Upper  Houfe  of 
Jlffembiy , and  therefore  not  cognizable  by  the 
Court.  On  this  Affidavit,  a Rule  was  made  on  the 
Plaintiff,  to  (hew  caufe  why  all  Proceedings  in  this- 
Adlion  fhould  not  be  llayed ; which  being  Argued 
on  the  1 6th  of  Odtober  before  all  the  Judges, 
they  were  pleafed  to  order  the  Rule  to  be  made 
Abfolute. 

The  Chief  Juftice  entered  very  copioufly  into 
the  fubjedt,  paffed  fome  applicable  ftridtures, 
and  in  exprels  and  diredt  terms  declared  the 
Council  to  be  an  Upper  Houfe  of  Jjfembly ; in  which 
his  Brethren  unanimoufly  concurred.  Thus  was 
.defeated,  one  of  the  boldeft  attempts  againft  the 
Conftitution  of  this  Country,  that  Fadtiom  and 
DemoCratical  Infolence  could  poffibly  devife  ; and 
by  the  virtue  and  firmnefs  of  the  fuperior  Judges, 
the  Wound  which  the  King’s  Government  had 
fuffered  has  been  in  part  healed,  and  the  Autho- 
rity of  the  Middle  Branch  of  the  Provincial  Le- 
gislature is  npw  legally  and^ judicially  eftablifned. 

Few  cafes  ever  happened  before  of  fo  uncom- 
mon a nature,  in  any  part  of  his  Majefty’s  Do- 
minions ; and  I think  the  World  itfelf,  and  every 
Civilized  State  in  it,  may  be  challenged  to  produce 
an  inftance,  where  any  Public  Departments  have 
been  more  cruelly  infulted. — Let  every  private 
tnan  judge  for  himfelf.  His  Majefty’s  Honour- 
able 


POSTSCRIPT.  y9 

able  Council,  being  the  Upper  Houfe  of  Legifla- 
ture  of  South  Carolina,  are  firft  attacked  by  a 
publication  of  their  Proceedings  without  leave 
of  the  Houfe  •,  and.  when  the  Printer  was  inter- 
rogated, he  acknowledged  the  fadt,  and  refufed  to 
give  any  fatisfadtion  which  the  Honour  even  of 
Private  Gentlemen  could  allow  them  to  accept; 
and  fuch  as  he  offered,  manifefted  the  moft  daring 
Difrefpedt.  The  Houfe  was  obliged  to  CommicHim 
for  a Breach  of  Privilege  and  Contempt ; the  effect  of 
which  Commitment  was  afterwards  eluded  by  Two 
Juftices  of  the  Peace,  and  Members  of  the  Lower  . 
Houfe,  who  judicially  pronounced  the  Council 
to  be  no  Upper  Houfe  of  jlffembly , and  thereupon 
difcharged  him. — The  Council  applied  to  the  Af- 
fembly  for  redrefs  and  in  lieu  thereof,  violent 
Refolutions  were  made,  declaring  the  Commit- 
ment unprecedented , unconflitutional , and  opprejfive , 
and  a dangerous  violation  of  the  Liberty  of  the 
Subjedt.  The  Thanks  of  the  Houfe  were  next 
given  to  the  Two  Juftices  for  their  able , upright , 
and  impartial  decifion  upon  the  Return  of  the 
Habeas  Corpus  ; their  reafonS  given  for  the 
difcharge  of  the  faid  T.  Powel  were  declared  to 
be  extremely  fatisfadlory  to  that  Houfe  ; and  this 
approved  Judgment  was  printed  £t  their  defire. 

The  Affembly,  to  add  further  to  the  Infult, 
addr^ffed  the  Governor  to  Sufpend  thofe  Members 
who  voted  the  Commitrtient,  and  his  Majefty  is 
likewife  applied  to  for  their  Removal. 

The  Printer  being  at  large,  perfifted  in  pub- 
- lifhing  the  Proceedings  of  the  Upper  Houfe ; 
and  to  aggravate  the  cafe,  notes  were  added*  giving 
the  diredt  Lie  to  the  Council,  and  ftating  an  un- 
fair apology  for  the  Printer’s  Condudt  when  call- 
ed before  them  : and  tp  fum  up  all,  the  fame 
paper  acquaints  the  Public,  that  “ thus  was  de- 
“ feated  the  moft  violent  attempt  that  ever  had 
H been  made  in  this  Province  upon  the  Liberty 

tc 


So 


POSTSCRIPT. 

**  of  the  Subject probably  intended  to  con- 

**'  troul  the  Liberty  .of  the  Prefs.”  In  confe- 
quence  of  thefe  inflamed  tranfa&ions,  the  Coun- 
cil found  themfelves  divefted  of  all  power,  re- 
duced to  the  molt  abjeft  (late  of  contempt,  their 
Legiflative  Authority  virtually  abolilhed,  and  the 
very-  perfons  to  whom  the  King  himfelf  had  en- 
trusted fo  large  a fhare  in  the  Adminiftration  of 
Public  Affairs,  fhamefuliy  made  the  fport  and 
derifion  of  every  Order  of  Men  in  the  Commu- 
nity. 

The  Upper  Houfe,  clearly  perceiving  that  frefh 
Commitments  would  only  produce. new  lnfults, 
as  the  fame  or  other  Juftices  might  be  found  to 
difcharge  the  Prffoners  upon  the  like  pretences, 
patiently  fubriitted  to  this  cruel  Perfecution  ; 
and  nothing  but, the  molt  Loyal  Affe&ion  for  the 
King,  a dutiful  regard  to  the  Subjedts  of  the 
Province,  and  the  molt  fincere  attention  to  his 
Majefty’s  Service,  could  poffibly  have  prevailed 
upon  the  Council  to  have  held  their  Seats  a mo- 
ment longer  •,  but  thefe  difinterefted  motives,  and 
a full  confidence  that  his  Majefty  will  in  due 
time  redrefs  thefe  Grievances,  powerfully  ope- 
rated upon  their  minds,  and  influenced  their 
condudt.' 

It  is  remarkable,  that  notwithftanding  the  Two 
juftices  (both  Members  of  Aflembly)  pronoun- 
ced fo  pleafing  a Decifion,  which  had  the  honor 
to  be  approved  by  the  Commons  Houle,  was 
celebrated,  and  in  fa£t  warmly  adopted  by  them, 
and  admired  as  the  Apple  of  their  Eye  ; out  of  Six 
.eminent  Gentlemen  of  the  Bar,  all  Members  of 
the  Houfe,  not  one  appeared  , to  promote  or  to 
aid  poor  Pozvei’s  Suit.  1 he  Affembly  gave  their 
Countenance  by  JVords , 'Thanks,  and  Refolutions  j 
but  here  they  flopped,  and  the'  Lawyers  feeming* 
ly  avoided  a Piece  of  Bpfinefs,  which  perhaps  they 

appre- 


8i 


POST  S.CRIP  T. 

apprehended  might  be  attended  with  fome  Rifque 
and  Danger-,  for  many  will  help  the  Cry , who 
dare  not  join  the  Chace.  it  is  likewiie  very 
ftrange,  that  other  eminent  Gentlemen,  not 
Members  of  the  Houfe,  fliould  appear  fo.  Ihy  in 
a cafe  of  this  pretended  moment  and  importance  ; 
and  that,  the  condudt  of  a fuit  upon  the  moil  fa- 
vourite Idea  of  the  People’s  Reprefentatives, 
fhcald  be  entrufted  to  the  care  of  a fingle  perfon  ; 
and  the  rather,  as  in  Popular  Cafes  tlie  Bar  have 
been  known  to  rife  like  an  armed  Man,  forming 
a firm  Phalanx  to  refill  the  force  of  one  Crown- 
Officer  in  the  Law-Department. 

The  Two  Juftices  have  boldly  determined  that 
the  Council  are  no  Upper  Houfe  -,  and  the  fuperior 
Judges  have  judicially  refolved  that  they  are-,  it 
mult  therefore  follow  of  courfe,  that  the  former 
nave  done  wrong  in  difcharging  a Prifoner  com- 
mitted by  the  Upper  Houfe  ; and  the  Affeinbly 
can  fcarce  be  right  in  approving  an  Act  in  every 
fenfe  illegal ■,  for  I have  a clear  pretence  and  a 
juft  right  to  call  That  illegal , which  is  not  confo- 
nant  to  the  determinations  of  the  King’s  fuperior 
Judges. — The  Magiftrates  feem  to  me  to  be  in  a 
very  aukward  fituation  ; for  the  empty  applaufe 
given  them)  by  one  Branch  of  the  Legiflature  will 
not  fo  bolfter  upcthe  matter,  as  either  to  indemnify 
them,  or  to  juftify  their  conduct. 

Sir  William  Williams  *,  being  profecuted  for 
printing  and  publilhing  a feditious  Libel  refledl- 
ing  upon  the  Duke  of  York,  the  King’s  Brother, 
called  Dangerfield’s  Narrative,  he  pleaded  to  the 
jurifdiftion  of  the  King’s  Bench,  That  he  being 
Speaker  of  the  Houfe • of  Commons , caufed  the  fame 
to  be  printed  by  order  of  the  Houfe  -,  to  which  the 
Attorney  General  Demurred  -,  and  judgment  was 

M entered 


Show.  471.  Tremaine  48. 


8$"  p 0 S T S C R 1.  P T. 

entered  for  the  King,  and  Sir  William  was  fined 
ioxoo  1.  fterling  •,  ar.d  on  payment  of  Sooc  1.  fa- 
tisfaftion  was  entered  on  record  : Every  order, 
therefore,  of  a Legiflative  Body  will  not  always 
justify  indilcriminately  the  conduft  of  thofe  who 
pay  obedience  to  it  ; and  that  Body  whofe  order 
was  infufficient  to  jujiify  when  obedience  was  paid 
to  it,  would  prove  a broken  reed  to  reft  upon, 
when  approbation  only  followed  an  illegal  Act, 
tunfupported  by  any  order  whatfoever. 

I now  and  then  read  a little  law  for  my  amufe-- 
ment  and  infmpction  •,  and  I have  a feW  books 
which  tell  me',  that  a Man  may  be  guilty  of  a 
very  high  offence,  by  making  ufe  of  improper 
pretences  to  reform  Religion,  the  Laws,  dr  other 
Grievances,  real  or  affekied  and  that  one  may 
commit  high  Contempts  and  Mifprifions  againft 
the  King’s  Perlon  and  Government,  by  doing  any 
thino-  that  has  an  immediate  and  dire £1  tendency  to 
weaken  his  Government , or  to  raife  Jealouftes  be- 
tween Him  and  his  People. 

Whether  the  conduct  of  thefe  Gentlemen  ex- 
pofes  them  to  cenfure  of  any  kind,  I muff:  fub- 
mit  to  thefe  Learned  in  the  Laws  ; for  as  1 know 
of  no  Statute  which  draws  a line,  or  points  out 
precifely  the  extent  of  their  Judicial  Power , per- 
haps they  may  be  allowed  to  determine  (provided 
a Cafe  leading  to  it  is  regularly  before  them)  that 
an  old  eftabhffied  plan  of  Government  is  worn 
out,  decayed,  and  prejudicial  to  the  State  ; that 
they  can  give  fome  found  and  ufeful  hints  for  the 
reparation  of  certain  State  Edifices,  and  iubftitute 
fomething  new  in  the  room'  oi  old  departments. 
Perhaps  it  may  be  perfectly  agreeable  to  their 
magifterial  conftitution,  to  pronounce  any  branch 
of  Government  ufelefs , vmnecejfary , or  burthenfomc. , 
which  their  own  underftanding,  and  experience 
tell  them  to  be  fo.  — The  Juftices  are  on  Ground 


' - POSTSCRIPT.  83 

too  Jlippery  for  me  to  trace  their  footfteps  farther  ^ 
I mult  therefore  retire,  and  indulge  myfelf  with 
a few  ferious  reflections  on  the  Glorious  Syftem 
of  our  Englilh  Conftitution  j and  I beg  to  re- 
commend a piece  of  advice  well  exprefied  by  a 
learned  author  *,  “ Let  us  keep  the  balance  as 
“ even  as  we  can,  by  forming  every  eftate  in  the 
<c  Conftitution  a controul  upon  the  reft  ; but  it 
fi  is.  extravagant  to  think  of  leaving  the  leaft 
“ jlrength  or  temptation  to  individuals  to  controul 
“ Government  itfelf 

* Law  of  Forfeitures,  p.  126. 


F INI  S . 


ERRATUM. 

In  P-  33,  1.  16,  of  fome  Copies,  for  difapprove,  read difprove. 


1 

Date  Due 

SEP  8 * 

a 

FEB  9 V*. 

Form  335— 40M— 6-39— S 

975.7 


D0062 


773Q 


L528M 


388:312 


